Minutes of the Board of Regents of Stephen F. Austin State University. 2008, Volume No. 243

838.pdf
[30.45 MB MB]]
Link will provide options to open or save document.

File Format:

Adobe Acrobat

Stephen F. Austin
State University
Minutes of the
Board of Regents
Nacogdoches, Texas
April 21 and 22, 2008 (Volume 243)
TABLE OF CONTENTS
BOARD MINUTES FOR APRIL 21 AND 22, 2008
Page
Monday, April 21, 2008
Executive Session Only. No Action Items
Tuesday, April 22, 2008
Approval of Naming Opportunities
Board Order
08-16 Naming of the Ed and Gwen Cole Art Center 3
08-17 Naming of the Adlai and Patricia Mast Conference Room 5
08-18 Naming of the Jack and Doris Ledbetter Gallery 7
08-19 Naming of the Florence Wilson Reavley Gallery 9
Approval of Minutes
Board Order
08-20 Approval of January 28 and 29, 2008, and February 7, 2008 Minutes 11
Personnel
Board Order
08-21 Approval of Personnel Items
Faculty Appointments for 2008-2009 11
Staff Appointments for 2008-2009 13
Changes of Status for 2008-2009 14
Retirements 16
Promotions 17
Tenure 18
Faculty Development Leave for 2008-2009 18
Regents Professorships for 2008-2009 18
Leave of Absence with Pay 18
Academic and Student Affairs
Board Order
08-22 Approval of Academic and Student Affairs Items
Curriculum Changes 19
Small-Size Classes Spring 2008 19
Approval of University Mission Statement 19
Nursing Program in Rusk, Texas 19
Financial Affairs
Board Order
08-23 Adoption of 2008 Summer Budget 20
08-24 Property, Boiler & Machinery, and Inland Marine Insurance 20
08-25 Waiver of Student Recreation Center Fee and Student Center Fee for
Online Students 20
08-26 Designated Tuition Semester Credit Hour Fee Increase 21
08-27 Statutory Changes to General Property Deposit 21
08-28 Approval of Course Fees and Other Fees for Fall 2008 22
08-29 Room and Board Rates for 2008-2009 22
08-30 ARAMARK FY2009 Rate and Contract Addendum 22
University Policies and Procedures
Board Order
08-31 Policy Revisions 23
Reports
President
Audit Services Report
Faculty Senate
Student Government Association
Report of Nominating Committee and Election of Officers
Board Order
08-32 Election of Board Officers 2008-09 24
Appendices
Appendix 1 - Undergraduate and Graduate Course and Program Additions, Deletions,
and Changes
Appendix 2 - Small-size Class List for Spring 2008
Appendix 3 - Course Fees and Other Fees for FY09
Appendix 4 - Room and Board Rates for 2008-09
Appendix 5 - Policy Revisions
Stephen F. Austin State University
Minutes of the Meeting of the
Board of Regents
Nacogdoches, Texas
April 21 and 22,2008
Austin Building 307
Monday, April 21,2008
The regular meeting of the Board of Regents was called to order in open session at 8:00
a.m., Monday, January 21, 2008, by Chair Valerie Ertz.
PRESENT:
Board Members: Ms. Valerie Ertz, Chair
Mr. Carlos Amaral
Mr. Richard Boyer
Mr. James Dickerson
Mr. Bob Garrett
Mr. Joe Max Green
Mr. Paul Pond
Mr. James Thompson (joined the meeting at 2:15p.m.)
Ms. Stephanie Tracy
Mr. Melvin White
President: Dr. Baker Pattillo
Vice-Presidents: Dr. Richard Berry
Mr. Danny Gallant
Mr. Steve Westbrook
General Counsel: Ms. Yvette Clark
Other SFA administrators, staff, and visitors
The Building and Grounds Committee convened at 8:00 a.m. and adjourned at 9:12 a.m.
The Finance/Audit Committee convened at 9:25 a.m. and adjourned at 11:17 a.m. The
Academic and Student Affairs Committee convened at 11:33 a.m., recessing for a lunch
break from 12 noon to 2:18 p.m., and adjourned at 3:25 p.m.
The chair called for an executive session at 3: 30 p.m. to consider the following items:
Real Estate
Deliberations Regarding the Purchase, Exchange, Lease, Sale or Value of Real
Property (Texas Government Code, Section 551.072), including possible property
purchase.
-1-
Gifts and Donations
Deliberations Regarding Negotiated Contracts for Prospective Gifts or Donations
(Texas Government Code, Section 551.073), including possible naming opportunities.
Personnel Matters Regarding Specific University Employees (Texas Government Code
Section 551.074)
Consideration of Individual Personnel Matters Relating to Appointment,
Employment, Evaluation, Assignment, Duties, Discipline, or Dismissal of an Officer
or Employee, including but not limited to:
Associate Vice President for Graduate Studies and Research / Dean of the
Graduate School
Dean of College of Forestry and Agriculture
Associate Vice President for Academic Affairs
Vice President for Development
Director of Development
Executive Director of Alumni
Director of Athletics
Baseball Coach
Equestrian Coach
Vice Presidents
President
The executive session ended at 7:10 p.m. and the board recessed for the evening, with no
action taken.
Tuesday, April 22, 2008
The chair reconvened the board meeting in open session at 9:00 a.m. on Tuesday, April
22, 2008.
PRESENT:
Board Members: Ms. Valerie Ertz, Chair
Mr. Carlos Amaral
Mr. Richard Boyer
Mr. James Dickerson
Mr. Bob Garrett
Mr. Joe Max Green
Mr. Paul Pond
Mr. James Thompson
Ms. Stephanie Tracy
Mr. Melvin White
President: Dr. Baker Pattillo
-2-
Vice-Presidents: Dr. Richard Berry
Mr. Danny Gallant
Mr. Steve Westbrook
General Counsel: Ms. Yvette Clark
Other SFA administrators, staff, and visitors
The chair welcomed guests to the board meeting and called upon Regent Dickerson to
lead the pledge to the flags. Regent Amaral provided the invocation.
SPECIAL RECOGNITIONS
Mr. Robert Hill introduced Head Coach Danny Kaspar and the Lumberjack Basketball
team, who were the recent Southland Conference co-champions.
Mr. Westbrook introduced Director of Student Life Michael Preston, Head Coach Trisha
O'Connor and the SFA Cheerleaders, who recently won their sixth straight national
championship.
Dr. Berry introduced Advisor Michael Fountain and the Forestry Sylvans Club, who
recently won first place in the annual conclave of the Association of Southern Forestry
Clubs. Dr. Berry also introduced the faculty members being recommended for promotion
to the rank of professor and the Regents Professor for 2008, Dr. John Moore.
Dr. Pattillo thanked current and past members of the faculty from the School of Human
Sciences who participated in the transfer of the Steen Glass Collection from that school to
the Board of Regents Conference Room Suite.
APPROVAL OF NAMING OPPORTUNITIES
Board Order 08-16
Upon motion of Regent Amaral, seconded by Regent Pond, with all members voting aye,
it was ordered that the following agenda item be approved:
NAMING OF ED AND GWEN COLE ART CENTER
The board of regents adopted the appropriate gift agreements to name the building known
as The Art Center @ The Old Opera House, by which the president is authorized to sign,
and the following resolution:
-3-
RESOLUTION
Adopted on April 22, 2008 by the
Board of Regents
of
Stephen F. Austin State University
WHEREAS, Ed and Gwen Cole are among the most loyal benefactors and supporters of
art, music, theatre, biotechnology, nursing, audiology, alumni and athletic programs at
Stephen F. Austin State University; and
WHEREAS, they have served as members of the Stephen F. Austin Foundation Board of
Trustees, Friends of Music, and Presidents of the Lumberjack and Ladyjack Booster
Clubs, and are currently serving as members of the College of Fine Arts Dean's Circle
Advisory Board; and
WHEREAS, they have faithfully served and continue to serve Stephen F. Austin State
University with distinction and honor as dedicated friends; and
WHEREAS, in their loyal dedication to Stephen F. Austin State University and their
generous spirit of service and standards of excellence, they have set a distinguished
example for others;
NOW, THEREFORE, LET IT BE RESOLVED, that the Board of Regents expresses its
admiration, gratitude and high regard for Ed and Gwen Cole by naming The Art Center
@ The Old Opera House located at 329 Main Street, Nacogdoches, Texas, the
Ed and Gwen Cole Art Center
Valerie E. Ertz, Chair
Joe Max Green, Secretary
-4-
Board Order 08-17
Upon motion of Regent Thompson, seconded by Regent Boyer, with all members voting
aye, it was ordered that the following agenda item be approved:
NAMING OF ADLAI AND PATRICIA MAST CONFERENCE ROOM
The board of regents adopted the appropriate gift agreements to name the second floor
conference room in the building known as The Art Center @ The Old Opera House, by
which the president is authorized to sign, and the following resolution:
-5-
RESOLUTION
Adopted on April 22, 2008 by the
Board of Regents
of
Stephen F. Austin State University
WHEREAS, Patricia and the late Adlai Mast are among the most loyal benefactors and
supporters of the arboretum, nursing, art, alumni and athletic programs at Stephen F.
Austin State University; and
WHEREAS, Adlai served on the Pineywoods Architectural Preservation Foundation
Board, which played an integral part in making the gift of the historical Cason Building,
the Old Opera House, to be utilized by the Stephen F. Austin State University School of
Art; and
WHEREAS, Adlai and Patricia Mast, and their children, have faithfully served and
continue to serve with distinction and honor as dedicated friends and generous
contributors to the programs of Stephen F. Austin State University; and
WHEREAS, in their loyal dedication to Stephen F. Austin State University and their
generous spirit of service to the Nacogdoches community, they have set a distinguished
example for others;
NOW, THEREFORE, LET IT BE RESOLVED, that the Board of Regents expresses its
admiration, gratitude and high regard for the Mast family by naming the second floor
conference room of The Art Center @ The Old Opera House located at 329 Main Street,
Nacogdoches, Texas, the
Adlai and Patricia Mast Conference Room
Valerie E. Ertz, Chair
Joe Max Green, Secretary
-6-
Board Order 08-18
Upon motion by Regent Amaral, seconded by Regent Green, with all members voting
aye, it was ordered that the following agenda item be approved:
NAMING OF JACK AND DORIS LEDBETTER GALLERY
The board of regents adopted the appropriate gift agreements to name the first floor
gallery in the building known as The Art Center @ The Old Opera House, by which the
president is authorized to sign, and the following resolution:
-7-
RESOLUTION
Adopted on April 22, 2008 by the
Board of Regents
of
Stephen F. Austin State University
WHEREAS, Jack and Doris Ledbetter, newcomers to Nacogdoches, have fondly
embraced Stephen F. Austin State University and the local community with their
devotion and support of art, music and athletic programs; and
WHEREAS, they are currently serving as members on the College of Fine Arts Dean's
Circle Advisory Board and as Friends of the Arts; and
WHEREAS, they have faithfully committed their service to Stephen F. Austin State
University with distinction and honor as dedicated friends contributing generously to the
programs at the University; and
WHEREAS, in their loyal dedication to Stephen F. Austin State University and their
generous spirit of service and standards of excellence, they are setting an example for
others;
NOW, THEREFORE, LET IT BE RESOLVED, that the Board of Regents expresses its
admiration, gratitude and high regard for Jack and Doris Ledbetter by naming the first
floor gallery of The Art Center @ The Old Opera House located at 329 Main Street,
Nacogdoches, Texas, the
Jack and Doris Ledbetter Gallery
Valerie E. Ertz, Chair
Joe Max Green, Secretary
-8-
Board Order 08-19
Upon motion by Regent Garrett, seconded by Regent Dickerson, with all members voting
aye, it was ordered that the following agenda item be approved:
NAMING OF FLORENCE WILSON REAVLEY GALLERY
The board of regents adopted the appropriate gift agreements to name the second floor
gallery in the building known as The Art Center @ The Old Opera House, by which the
president is authorized to sign, and the following resolution:
-9-
RESOLUTION
Adopted on April 22, 2008 by the
Board of Regents
of
Stephen F. Austin State University
WHEREAS, the Honorable Thomas M. Reavley wishes to honor his late wife, Florence
Wilson Reavley; and
WHEREAS, Florence Wilson Reavley spent her childhood years in Nacogdoches,
attended the Stephen F. Austin Teachers College Demonstration School, was a talented
artist, painter, sculptor, and devoted wife and mother; and
WHEREAS, the Honorable Thomas M. Reavley, in tribute to Florence Wilson Reavley,
has committed support to Stephen F. Austin State University with distinction and respect
as a dedicated alumnus and generous contributor thereto; and
WHEREAS, in his loyalty to Stephen F. Austin State University, his service to our
country and high standards of excellence, he has set a distinguished example for others;
NOW, THEREFORE, LET IT BE RESOLVED, that the Board of Regents expresses its
admiration, gratitude and high regard for the Honorable Thomas M. Reavley by naming
the second floor gallery of The Art Center @ The Old Opera House located at 329 Main
Street, Nacogdoches, Texas, the
Florence Wilson Reavley Gallery
Valerie E. Ertz, Chair
Joe Max Green, Secretary
-10-
APPROVAL OF MINUTES
Board Order 08-20
Upon motion by Regent Boyer, seconded by Regent Dickerson, with all members voting
aye, it was ordered that the minutes of the January 28 and 29, 2008 regular meeting of the
Board of Regents and the February 7, 2008 telephone meeting of the Board of Regents be
approved.
PERSONNEL
Board Order 08-21
Upon motion by Regent Pond, seconded by Regent Garrett, with all members voting aye,
it was ordered that the following personnel items be approved:
FACULTY APPOINTMENTS FOR 2008-2009
Business
Emiliano Giudici, Assistant Professor of Economics and Finance, M.S.
(University of Texas - Pan American), at a salary of $102,500 for 100 percent
time for nine months, effective September 1, 2008, contingent upon completion of
doctorate by May 31, 2009.
Education
Heather K. Olson Beah Assistant Professor of Secondary Education and
Educational Leadership, M.A. (Louisiana State University), at a salary of $49,000
for 100 percent time for nine months, effective May 28, 2008, contingent upon
completion of doctorate by May 31, 2008.
Fine Arts
John S. Cotner, Assistant Professor of Music Theory, Ph.D. (University of
Wisconsin), at a salary of $45,000 for 100 percent time for nine months, effective
September 1,2008.
Liberal And Applied Arts
Courtney P. Carney, Assistant Professor of History, Ph.D. (Louisiana State
University), at a salary of $45,000 for 100 percent time for nine months, effective
September 1,2008.
-11-
Rhiannon Fante, Assistant Professor of Psychology, M.A. (Western Michigan
University), at a salary of $46,000 for 100 percent time for nine months, effective
September 1, 2008, contingent upon completion of doctorate by August 31, 2008.
Daryl L. Farmer, Assistant Professor of English and Philosophy, Ph.D.
(University of Nebraska-Lincoln), at a salary of $45,000 for 100 percent time for
nine months, effective September 1, 2008.
Patricia Foster, Visiting Instructor of Psychology, M.A. (Stephen F. Austin State
University) at a salary of $40,000 for 100 percent time for nine months, effective
September 1,2008.
Lora L. Jacobi, Assistant Professor of Psychology, Ph.D. (Old Dominion
University), at a salary of $46,000 for 100 percent time for nine months, effective
September 1,2008.
Jennifer K. Luse, Assistant Professor of Government, M.A. (University of
Wisconsin), at a salary of $45,000 for 100 percent time for nine months, effective
September 1, 2008, contingent upon completion of doctorate by August 25, 2008.
Lee Payne, Assistant Professor of Government, M.S. (University of Houston), at a
salary of $45,000 for 100 percent time for nine months, effective September 1,
2008, contingent upon completion of doctorate by August 25, 2008.
Cindy Pressley, Assistant Professor of Government, J.D. (University of
Richmond), at a salary of $45,000 for 100 percent time for nine months, effective
September 1, 2008, contingent upon completion of doctorate by August 25, 2008.
Mark Emil Sanders, Department Chair and Professor of English and Philosophy,
Ph.D. (University of Nebraska-Lincoln and University of Idaho), at a salary of
$95,000 for 100 percent time for 12 months, effective July 1, 2008.
Jason Tebbe, Assistant Professor of History, Ph.D. (University of Illinois), at a
salary of $45,000 for 100 percent time for nine months, effective September 1,
2008
Ronald A. Tumelson II, Assistant Professor of English and Philosophy, Ph.D.
(University of Alabama), at a salary of $45,000 for 100 percent time for nine
months, effective September 1, 2008.
Sciences and Mathematics
Sarah C. Canterberry, Assistant Professor of Biology, Ph.D. (Texas A&M
University), at a salary of $50,000 for 100 percent time for nine months, effective
September 1,2008.
-12-
Jason Michael Fritzler, Assistant Professor of Biology, B.S. (Texas A&M
University), at a salary of $50,000 for 100 percent time for nine months, effective
September 1, 2008, contingent upon completion of doctorate by May 31, 2008.
Arlen Jeffery, Assistant Professor of Organic Chemistry, Ph.D. (University of
Iowa), at a salary of $50,000 for 100 percent time for nine months, effective
September 1,2008.
Thomas W. Judson, Associate Professor of Mathematics and Statistics, Ph.D.
(University of Oregon), at a salary of $60,000 for 100 percent time for nine
months, effective September 1, 2008.
Jane Holsapple Long, Assistant Professor of Mathematics and Statistics, M.A.
(Bryn Mawr College), at a salary of $47,000 for 100 percent time for nine
months, effective September 1, 2008, contingent upon completion of doctorate by
August 31, 2008.
Nicholas E. Long, Assistant Professor of Mathematics and Statistics, B.S. (North
Carolina State University), at a salary of $47,000 for 100 percent time for nine
months, effective September 1, 2008, contingent upon completion of doctorate by
August 31, 2008.
Joseph Musser, Assistant Professor of Physics, Ph.D. (Texas A&M University), at
a salary of $50,000 for 100 percent time for nine months, effective September 1,
2008.
Odutavo Odunuga, Assistant Professor of Biochemistry, Ph.D. (Rhodes
University, South Africa), at a salary of $50,000 for 100 percent time for nine
months, effective September 1, 2008.
Kevin W. Stafford, Assistant Professor of Geology, M.S. (Mississippi State
University), at a salary of $55,000 for 100 percent time for nine months, effective
September 1, 2008, contingent upon completion of doctorate by August 31, 2008.
STAFF APPOINTMENTS FOR 2008-2009
Athletics
George H. Van Linder, Head Coach - Soccer, at a salary of $40,903 for 100
percent time for 10.5 months, effective February 25, 2008.
Kellian Kaiser Partridge, Assistant Coach - Soccer, at a salary of $30,106 for 100
percent time for 10.5 months, effective March 17, 2008.
-13-
Controller
Dalvce Jean Franks, Accountant III, at a salary of $50,000 for 100 percent time
for 12 months, effective January 28, 2008.
Cathy M. MekeeL Accountant II, at a salary of $42,000 for 100 percent time for
12 months, effective February 25, 2008.
Information Technology Services
Allena A. Kendall Programmer Analyst I, at a salary of $32,000 for 100 percent
time for 12 months, effective February 18, 2008.
George P. McMillan, Programmer Analyst I, at a salary of $32,000 for 100
percent time for 12 months, effective January 14, 2008.
Donna K. Mettier, Programmer Analyst II, at a salary of $40,000 for 100 percent
time for 12 months, effective January 28, 2008.
Instructional Technology
William M. Croft, Administrator Instructional Systems, at a salary of $38,007 for
100 percent time for 12 months, effective January 28, 2008.
Public Affairs
Sarah F. Cutler, Marketing Communications Specialist, at a salary of $36,000 for
100 percent time for 12 months, effective March 24, 2008.
Purchasing and Inventory
Manuel G. Guerrero, Assistant HUB (Historically Underutilized Business)
Coordinator/System Specialist, at a salary of $35,000 for 100 percent time for 12
months, effective February 25, 2008.
CHANGES OF STATUS FOR 2008-2009
Academic Affairs
Mary Nelle Brunson, from Interim Assistant Provost and Assistant Chair of
Elementary Education at a salary of $100,000 for 100 percent time for 12 months,
to Associate Vice President for Academic Affairs at a salary of $120,000 for 100
percent time for 12 months, effective June 1, 2008.
-14-
Alumni
Jeff Davis, from Interim Executive Director for Alumni Affairs, at a salary of
$80,393 for 100 percent time for 12 months, to Executive Director for Alumni
Affairs, at a salary of $90,000 for 100 percent time for 12 months, effective April
22, 2008.
Controller
Mary Susan Ferris, from Accountant I at a salary of $30,900 for 100 percent time
for 12 months, to Accountant III at a salary of $50,000 for 100 percent time for 12
months, effective January 3, 2008.
Letitia G. Hamilton, from Accountant II at a salary of $35,000 for 100 percent
time for 12 months, to Accountant II, with additional duties and responsibilities
assigned, at a salary of $42,000 for 100 percent time for 12 months, effective
March 31, 2008.
Counseling and Career Services
Jennifer L. Davis, from Outreach Coordinator of Career Services at a salary of
$30,000 for 100 percent time for 12 months, to Assistant Director of Career
Services at a salary of $38,000 for 100 percent time for 12 months, effective
February 1,2008.
Development
Jill Still from Director of Development at a salary of $53,837 for 100 percent
time for 12 months, to Executive Director of Development at a salary of $100,000
for 100 percent time for 12 months, effective April 22, 2008.
Education
Debra A. Brown, from Adjunct Faculty at a salary of $1,128 per month for 100
percent time for two months, to Clinical Instructor of Human Services at an
annual salary of $47,000 for 100 percent time for nine months, effective January
14, 2008.
Forestry and Agriculture
Adam J. Miller, from Casual Employee at a salary of $21.63 per hour for 45 days,
to Research Associate, at a salary of $45,000 for 100 percent time for 12 months,
effective February 16, 2008.
Information Technology Services
-15-
Arthur C. Humphrey, from Specialist Technical Support II at a salary of $29,000
for 100 percent time for 12 months, to Systems Programmer I at a salary of
$40,000 for 100 percent time for 12 months, effective January 14, 2008.
Mark R. Ludorf. from Professor of Psychology at a salary of $63,085 for 100
percent time for nine months, to Project Director for Axcess (Banner) at a salary
of $50,000 for six months, effective January 1, 2008, with an additional stipend of
$5,000 for the Axcess project work completed in Fall 2007.
Liberal and Applied Arts
Archie McDonald, from Professor of History at a salary of $45,087 for 47 percent
time for 10.5 months, to community liaison at a salary of $45,087 for 47 percent
time for 10.5 months, effective September 1, 2008.
Michael Tkacik, from Associate Professor of Political Science at a salary of
$57,500 for 100 percent time for nine months, to Director of School of Honors
and Associate Professor of Political Science at a salary of $83,000 for 100 percent
time for 12 months, effective September 1, 2008.
Sciences and Mathematics
Angela K. Distefano, from Graduate Teaching Assistant at a salary of $10,763 for
50 percent time for nine months, to Lab Coordinator - Biology at a salary of
$34,257 for 100 percent time for 10 months, effective August 25, 2008.
Student Financial Aid
Irish N. Beason, from Financial Aid Records Supervisor at a salary of $28,140 for
100 percent time for 12 months, to Financial Aid Officer at a salary of $29,409
for 100 percent time for 12 months, effective March 1, 2008.
RETIREMENTS
Roy D. Alston, Associate Professor of Mathematics and Statistics, effective May
31,2008.
Roy S. Beasley, Dean of the College of Forestry and Agriculture, effective
December 31, 2008.
George A. Carpenter, Assistant Professor of Education, effective August 30,
2008.
Clarke W. Proctor, Professor of Mathematics and Statistics, effective August 31,
2008.
-16-
Allen M. Richman. Regents Professor of History, Associate Dean of the College
of Liberal and Applied Arts, and Director of School of Honors, effective August
31,2008.
M. Aileen Smith. Professor of Accounting, effective August 31, 2008.
PROMOTIONS
The following individuals were granted promotion to the academic rank indicated,
effective fall semester, 2008.
To Assistant Professor:
Dr. Dorothy Gottshall
Ms. Linda Bond
To Associate Professor:
Dr. Robert Crocker
Dr. Philip Stetz
Dr. Wendy Killam
Dr. Carl Pfaffenberg
Dr. Scott Whitney
Dr. Brian Utley
Dr. Theresa Coble
Dr. Joyce Johnston
Dr. Clint Richardson
Elementary Education
Communication (contingent upon completion of
doctorate by May 31, 2008)
Management, Marketing & International Business
Management, Marketing & International Business
Human Services
Human Sciences
Human Services
Music
Forestry
Modern Language
Mathematics & Statistics
Dr. Alexandra Van Kley Biology
To Professor:
Dr. Wynter Chauvin
Dr. Charles Abel
Dr. Steve Taafe
Dr. Gregory Miller
Dr. Dan Bruton
To Professor Emeritus:
Dr. David Shows
Dr. Clarence Bahs
Dr. David Creech
Dr. Robert Mathis
Dr. Thomas Atchison
Dr. Ernest Ledger
To Librarian IV:
Ms. Carol Scamman
Elementary Education
Government
History
Mathematics & Statistics
Physics
Kinesiology
Theatre
Agriculture
History
Mathematics & Statistics
Geology
Library
-17-
TENURE
Academic tenure was awarded to the following individuals, effective fall
semester, 2008.
Dr. Robert Crocker Management, Marketing & International Business
Dr. Philip Stetz Management, Marketing & International Business
Dr. Linda Bobo Kinesiology
Dr. Wendy Killam Human Services
Dr. Jeffrey Gergley Kinesiology
Dr. Dorothy Gottshall Elementary Education
Dr. Jay Lee Kinesiology
Dr. John Leonard Secondary Education
Dr. Carl Pfaffenberg Human Sciences
Dr. Scott Whitney Human Services
Dr. Theresa Coble Forestry
Ms. Linda Bond Communication (contingent upon completion of
doctorate by May 31, 2008)
Dr. Joyce Johnston Modern Language
Dr. Clint Richardson Mathematics & Statistics
Dr. Alexandra Van Kley Biology
FACULTY DEVELOPMENT LEAVE FOR 2008-2009
Faculty members listed below were awarded Faculty Development Leave for the
semester indicated.
Fall 2008
REGENTS PROFESSORSHIP FOR 2008-2009
Dr. John Moore, Professor of Chemistry, was awarded a Regents Professorship
for the academic year 2008-2009.
LEAVE OF ABSENCE WITH PAY
Dr. Tim Cherry, Professor of Agriculture, was granted leave of absence with pay,
effective June 1, 2008 through December 31, 2008.
-18-
ACADEMIC AND STUDENT AFFAIRS
Board Order 08-22
Upon motion by Regent Boyer, seconded by Regent Dickerson, with all members voting
aye, the following academic and student affairs items were approved:
CURRICULUM CHANGES
The board of regents approved the undergraduate and graduate curriculum changes listed
in Appendix 1.
SMALL-SIZE CLASSES SPRING 2008
The spring 2008 small-size class list in Appendix 2 was approved.
APPROVAL OF UNIVERSITY MISSION STATEMENT
Approval was given to issue this university mission statement as part of the new Strategic
Plan.
Stephen F. Austin State University is a comprehensive
institution dedicated to excellence in teaching, research,
scholarship, creative work, and service. Through the
personal attention of our faculty and staff, we engage
our students in a learner-centered environment and
offer opportunities to prepare for the challenges of
living in the global community.
NURSING PROGRAM IN RUSK, TEXAS
Whereas, the following was considered by the board of regents: In response to a 2007
request from community leaders and officials from Rusk, Texas, the School of Nursing
conducted a study on the feasibility of offering the upper two years of our program
leading to a Bachelor of Science in Nursing degree and the R.N. in Rusk. It was
determined that such a program appeared to be feasible, financially and demographically.
Therefore, the administration was authorized to establish a center in Rusk, Texas, for
delivery of the program leading to the Bachelor of Science in Nursing and the R.N. The
program will begin no later than spring semester, 2009, pursuant to approval of the Texas
Higher Education Coordinating Board and the Southern Association of College and
Schools - Commission on Colleges.
-19-
FINANCIAL AFFAIRS
Board Order 08-23
Upon motion by Regent Thompson, seconded by Regent White, with all members voting
aye, it was ordered that the following item be approved:
ADOPTION OF 2008 SUMMER BUDGET
Whereas, the following was considered by the board of regents: The fiscal year 2007-08
summer budget contains two regular summer semesters and a new mini-semester. The
2007-08 annual budget includes $4,211,700 that is available to support summer school
academic salaries and benefits. An additional $589,079 is added from E&G salary
savings within the current FY 08 budget to fund summer school salaries. Additional
faculty salaries, professional salaries, student wages and benefits totaling $54,413 are
supported from budgeted designated funds. Summer salaries and benefits of $199,241
are funded from restricted contract and grant funds.
Therefore, the 2007-08 summer budget totaling $5,054,433 was approved.
Board Order 08-24
Upon motion by Regent Thompson, seconded by Regent Thompson, seconded by Regent
Dickerson, with all members voting aye, it was ordered that the following item be
approved:
PROPERTY, BOILER & MACHINERY, AND INLAND MARINE INSURANCE
Whereas, the following was considered by the board of regents: Pursuant to state of
Texas requirements, the university utilizes the Statewide Property Insurance Program
provided by the State Office of Risk Management (SORM) for property, boiler and
machinery, and inland marine insurance. The Statewide Property Insurance Program's
insurance agent is Wachovia Insurance Services with AIG as the insurer. The insurance
policy period extends from May 1st through April 30th of each year. The university's
current insurance contract with SORM began October 1, 2007 and ends April 30, 2008.
The State Office of Risk Management is currently negotiating rates with insurance
carriers. The annual policy is expected to cost no more than $350,000.
Therefore, the university was authorized to continue coverage under the Statewide
Property Insurance program through the State Office of Risk Management (SORM). The
new policy period will extend from May 1, 2008 through April 30, 2009. The president
was authorized to sign the contract.
Board Order 08-25
Upon motion by Regent Thompson, seconded by Regent Garrett, with all members
voting aye, the following item was approved:
-20-
WAIVER OF STUDENT RECREATION CENTER FEE AND STUDENT CENTER
FEE FOR ONLINE STUDENTS
Whereas, the board of regents considered the following: there are a number of SFA
students who enroll only in online courses. Many of the students are geographically
dispersed and pursue specific degree programs that can be completed online. The Texas
Education Code 54.218 authorizes an institution to waive fees for students who enroll in
distance learning courses only.
Therefore, it was ordered that the university waive the recreation center and student
center fees for students who enroll only in online courses. The waiver will become
effective with summer 2008 enrollment.
Board Order 08-26
Upon motion by Regent Garrett, seconded by Regent White, with Regents Amaral,
Dickerson, Ertz, Garrett, Green, Pond, Thompson, and White voting aye, Regent Boyer
voting nay, it was ordered that the following item be approved:
DESIGNATED TUITION SEMESTER CREDIT HOUR FEE INCREASE
Whereas, the board considered the following: Stephen F. Austin State University
currently assesses $97 per semester credit hour in designated tuition. Designated tuition
costs to a student do not increase beyond a 16 semester credit hour load.
Therefore, it was approved that designated tuition be increased to $106 per semester
credit hour for fiscal year 2008-09.
Board Order 08-27
Upon motion by Regent Thompson, seconded by Regent White, with all members voting
aye, it was ordered that the following item be approved:
STATUTORY CHANGES TO THE GENERAL PROPERTY DEPOSIT
Whereas, the board considered the following: Currently, each student enrolled in the
university must make a general property deposit of $10 to cover property loss or damage.
This deposit, net of any amount owed the university, is returned to the student at the
student's request upon withdrawal or graduation. Any deposit that remains without a
refund request for a period of four years from the date of last attendance is forfeited and
transferred to a property deposit scholarship account.
Pursuant to Texas Education Code 54.502, an institution may collect an amount not to
exceed $100 to cover property losses and damage. An institution is also allowed to apply
the deposit to any amount a student owes the institution.
Therefore, the board of regents approved a name change from General Property Deposit
to General Deposit. The deposit amount was increased to $100 for new students,
-21-
beginning with fall 2008 registration. Previously enrolled students who have a break in
enrollment of one academic year will also be responsible for the $100 deposit. Within
180 days of student graduation or withdrawal, the university will refund the deposit. A
student who does not graduate or officially withdraw from the university is eligible for a
refund if it is requested within four years of the last date of attendance. All general
deposit funds will be net of any amount owed the university. Any general deposit balance
that remains after four years will be forfeited and transferred to a general deposit fund
scholarship account.
Board Order 08-28
Upon motion by Regent White, seconded by Regent Garrett, with Regents Boyer,
Dickerson, Ertz, Garrett, Green, Pond, Thompson, and White voting aye, Regent Amaral
voting nay, it was ordered that the following item be approved:
APPROVAL OF COURSE FEES AND OTHER FEES FOR FALL 2008
Whereas, the board of regents considered the following: Course fees provide
instructional departments with funds to support the actual cost of consumable supplies,
service, and travel related to specific courses. Course fees are allocated to instructional
departments for expenditure within the academic year for which they are collected.
Therefore, the board of regents adopted the schedule of course fees and other fees
(additions and changes) for the 2008-2009 academic year shown in Appendix 3. This
amended 2008-2009 fee schedule will be effective with registration for the fall 2008
semester.
Board Order 08-29
Upon motion by Regent Thompson, seconded by Regent Garrett, with all members
voting aye, it was ordered that the following item be approved:
ROOM AND BOARD RATES FOR 2008-2009
Whereas, the board of regents considered the following: Projected housing and food
service operating costs support the need to increase the room and board rates for the
2008-2009 academic year. The revised rates, as presented in Appendix 4 will become
effective in the fall semester 2008.
Therefore, the board of regents approved a 2.7% increase in room and board rates for
FY2008-2009 in accordance with the schedule presented in Appendix 4.
Board Order 08-30
Upon motion by Regent Thompson, seconded by Regent White, with all members voting
aye, it was ordered that the following item be approved:
ARAMARK FY2009 RATE AND CONTRACT ADDENDUM
-22-
Whereas, the following was considered by the board of regents: The contract between
the university and ARAMARK requires that the two parties annually negotiate a rate for
the provision of food service under the contract for the next fiscal year. Pursuant to the
provisions within the contract the administration and ARAMARK have negotiated a rate
increase of 4% for the provision of food service during the 2009 fiscal year. Our contract
uses the percentage increase in the Food and Beverage element of the Consumer Price
Index published by the Bureau of Labor Statistics, U. S. Department of Labor, for urban
consumers ("CPI-U") in the South as a benchmark for the rate increase considered. This
CPI element was 4.7% for last year; however, the administration negotiated an increase
of 4%.
In addition, students have requested a program that would allow them to optionally add to
the Dining Dollars feature of their meal plan during the term of their plan. The
administration has negotiated with ARAMARK to add a provision to our contract
allowing students to optionally purchase additions to their Dining Dollars feature at a
discounted rate during the term of their plan.
Therefore, the board of regents approved the 4% negotiated rate increase to
ARAMARK for the provision of food service during the FY2009 year, along with the
contract addendum providing optional purchase of additional Dining Dollars. The
president was authorized to sign the contract addendum.
UNIVERSITY POLICIES AND PROCEDURES
Board Order 08-31
Upon motion by Regent Garrett, seconded by Regent Dickerson, with all members voting
aye, the board of regents adopted the policy revisions as presented in Appendix 5, with
the exception of the proposed revision to Tenure (E-50A), which was tabled for
consideration at a future meeting.
REPORTS
The president offered a report on the following topics:
SFA: the Yale of College of Cheerleading
May 9 Called Board Meeting
Art Center Naming Ceremony
May 10 Commencement
August 9 Commencement
The president acknowledged Kent Willis, SGA president; Stephanie Tracy, outgoing
student regent; and Valerie Ertz, outgoing board chair.
The director of audit services presented a report on the annual audit plan, including the
following topics:
Payroll Audit
SAO Report 08-35
Course and Incidental Fee Audit Follow up
-23-
The chair of the faculty senate presented a set of handmade books being donated to Steen
Library in honor of the president and the board of regents.
The president of student government offered a report on his year of service and
expectation for his second term, acknowledging the board for their conscientious
approach to issues affecting students.
REPORT FROM BOARD NOMINATING COMMITTEE AND
ELECTION OF OFFICERS
Melvin White, chair of the Nominating Committee, reported from the committee that it
offered the following slate of board officers for 2008-09:
Joe Max Green, Chair
James Thompson, Vice Chair
Melvin White, Secretary
There were no nominations from the floor.
Board Order 08-32
Upon motion by Regent White, seconded by Regent Amaral, with all members voting
aye, the slate was elected.
Vice Chair James Thompson and newly-elected Chair Joe Max Green, on behalf of the
board, acknowledged the leadership and service of Valerie Ertz, board chair for the past
two years.
Chair Green adjourned the meeting at 11:15 a.m.
-24-
Appendix 1
Undergraduate New Course Proposals
Page 1: New
Appendix 1
Page 2: New
Appendix 1
Page 3: New
Appendix 1
Page 4: New
Appendix 1
Undergraduate Course Change Proposals
Page 1: Changes
Appendix 1
Page 2: Changes
Appendix 1
Undergraduate Course Deletions
Page 1: Deletions
Appendix 1
Page 1: Programs
Appendix 1
GRADUATE COURSE PROPOSALS, CHANGES & DELETIONS
SPRING 2008
Page 1: Graduate
Appendix 1
Page 2: Graduate
Appendix 2
Texas Higher Education Coordinating Board Rules Currently in Effect (9-2006)
Chapter 5. Rules Applying to Public Universities and/or Health-Related Institutions of Higher Education in Texas
Subchapter B. Role and Mission, Tables of Programs, Course Inventory
§5.23 Definitions
§5.23.5 Organized classes-Classes whose primary mode of Instruction is lecture, laboratory, or seminar.
§5.23.8 Small dasses-Undergraduate level classes with less than 10 registrations, and graduate level classes with less
than five registrations.
§5.26 Offering of Small Classes by Public Universities
In accordance with Texas Education Code, §51.403(d), public universities may offer organized small classes which:
§51.403(d.l) have been approved by the governing board of the university;
§51.403(4.2) Is a required course for graduation (the course Is not offered each semester or term, and, If canceled, may
affect the date of graduation of those enrolled);
§51.403(d.3) is a required course for majors in this field and should be completed this semester (or term) to keep proper
sequence In courses;
§51.403(d.4) is a course In a newly established degree program, concentration, or support area;
§51.403(d.5) is part of an interdepartmental (cross-listed) course taught as a single class by the same faculty at the
same station, provided that the combined enrollments do not constitute a small class;
§51.403(d.6) is a first-time offering of the course;
§51.403(d.7) is class size-limited by accreditation or state licensing standards;
§51.403(d.8) Is class size-limited by availability of laboratory or clinical facilities; or
§51.403(4.9) Is voluntarily offered by a faculty member In excess of the Institutional teaching load requirement and for
which the faculty member receives no additional compensation.
Source Note: The provisions of this §5.26 adopted to be effective May 28, 2003, 28 Tex Reg 4124
Pagel
Appendix 2
SMALL CLASSES Spring 2008
Total Estimated Credit Houre In Small Classes
Total Estimated SFA Credit Houre Spring 2008
EsUmated Small Class Credit Houre as a Percentage of SFA Total Credit Houre
558
131,598
.42%
Date: _ Approval:.
Page 2
Appendix 3
PROPOSED COURSE FEES FOR FY09
Pagel
Appendix 3
PROPOSED LAB FEE CHANGES FOR FY09
Page 2
Appendix 4
Stephen F. Austin State University
Room and Board Rates for 2008-2009
Residence Hall
Summer Semesters
w/7 Day w/7 Day
14 Meals 20 Meals
5 Wisely Hall
7 ToddHall
9 North Hall
10 Hall 10
11 Mays Hall
12 South Hall
14 Hall 14
15 Griffith Hall
16 Hall 16
17SteenHall
18KerrHall
20 Hall 20
Lodge 4br
Lodge 2br
Village A
Rates above include sales tax for Board
Apartments Number
$455 $606
Rent
Garner Apts. 9 mo contract
Garner Apts. 12 mo contract
1-134 $2,614 per semester
1-134 $3,485 per semester
■ Includes Utilities, Cable Television and Telephone
Appendix 5
Policies for Board Review
April 22,2008
p-l
Appendix 5
P-2
Appendix 5
Academic Probation, Suspension and Reinstatement for
Undergraduates (A-3)
Original Implementation: January 30, 1981
Last Revision: Octobor 30, 2001April 22, 2008
Good Standing
A student must maintain a minimum cumulative grade point average of 2.0 in order to
remain in good academic standing at the university.
Probation
A student is placed on academic probation after the first regular semester in which the
cumulative grade point average (G.P.A.) fails to meet the minimum of 2.0 standard.
Probation students whose semester grade point average is 2.0 or higher in a given
semester will be allowed to continue on academic probation placed on "extended
academic probation" until the cumulative grade point average is 2.0 or higher. Academic
probation will continue until the student achieves good standing or is suspended from the
university. Academic probation students whose semester grade point average for a given
semester falls below the minimum 2.0 G.P.A. standard are placed on suspension.
Suspension
A student is placed on academic suspension after a regular semester that immediately
follows a semester of probation if the student's semester grade point average falls below
2.0.
Reinstatement
A student on academic suspension may be allowed to continue in the university through
any of the following procedures:
1. Following the student's first suspension, attend summer school at Stephen F.
Austin State University and:
a. Raise his/her grade point average to the minimum university standard as
specified in the General Bulletin, or
b. Pass with a C average or better at least 9 semester credit hours as specified
by his/her dean.
2. Following the student's first suspension be reinstated on probation automatically
after one regular semester's absence from the university. Following the student's
second or subsequent suspension, be reinstated on probation automatically after
an absence from the university of two regular semesters. Summer terms are
exempted from periods of academic suspension.
3. Follow procedures established by his/her dean.
Change of Major
P-3
Appendix 5
Students on academic probation, oxtondod academic probation, or students returning after
serving a suspension may change majors upon approval from their current and receiving
deans.
Cross Reference: General Bulletin, Faculty Handbook, Student Handbook and Activities
Calendar
Responsible for Implementation: Provost and Vice President for Academic Affairs
Contact for Revision: Provost and Vice President for Academic Affairs
Forms: None
P-4
Appendix 5
Animals on University Property (D-3)
Original Implementation: Unpublished
Last Revision: April 21, 2007April 22, 2008
Service animals are welcome in all buildings on campus and may attend any class,
meeting, or other event. Reasonable behavior is expected from the animals while on
campus. If the animal exhibits unacceptable behavior, the handler is expected to employ
the proper training techniques to correct the situation.
Consideration of others must be taken into account when providing maintenance and
hygiene of service animals. Additionally, specific guidelines have been established
concerning service animals living in a campus residency environment.
Definitions:
1. Handler:
Is a person with a disability using a service animal.
2. Service Animal:
Is an animal specially trained to assist a person with a disability and:
■ is used by a person with a disability who has completed a training program, and
■ animal has been trained by an organization recognized by rehabilitation agencies as
qualified.
Service animals may include:
■ guide dogs,
■ hearing dogs,
■ attendant animals, or
■ seizure response animals.
The animal must have had specific training to work the handler's disability.
3. Pet:
A domestic animal housed for sport, companionship, or other non-service functions.
Pets are not allowed within university facilities. An exception would be small birds
in cages and fish in a 10 gallon or less aquarium.
4. Unauthorized Animal:
A pet or any animal that is neither a service animal, nor that is on campus for the
specified limited use of classroom education or research.
Faculty, Staff, and Student Responsibility
P-5
Appendix 5
■ Permit service animals to accompany the handler to all areas of the facility were the handler is
normally allowed to go. A handler may not be segregated from other similar members of the
campus community, except where there is real danger to the animal or where the natural
organisms carried by the service animal would adversely affect research. Exceptions to the
exclusions will be reviewed on a case-by-case basis.
■ Do not pet, feed, or deliberately startle/disturb a service animal.
■ Do not separate, or attempt to separate, service animals from their handlers.
■ Provide handlers living in campus housing with an area for relieving and grooming the
animals.
Documentation and Animal Owner's Responsibility
■ For classroom or campus housing settings, handlers must provide appropriate documentation
of a disability to either the department of housing or disability services. Documentation for use
of services animals should include diagnosis, need for service animal, and how the service
animal specifically meets the needs of the handler's disability.
■ The animal must have specific training to work the handler's disability.
■ Handlers must abide by all state laws, Nacogdoches city ordinances, and SFA guidelines
related to animals in the city of Nacogdoches, including:
■ All animals in the city must have a valid license and tag issued by the city of Nacogdoches.
The license and tag must be renewed annually.
■ The handler is required to provide a collar or harness for the license and vaccination tags to
be affixed. Handler shall see that the animal wears the collar and tags at all times.
■ Handler is liable for damages done by service animal.
■ Handler must have full control of the animal at all times. Animals are expected not to run at
large, a leash or harness is required unless it restricts the service animal's ability to function
appropriately.
■ Observe housing and food service establishment guidelines.
■ Animal's Heath/Cleanliness: All service animals must have an annual clean bill of health
from a licensed veterinarian. Also, cleanliness is mandatory in the campus situation.
■ Vaccination must be current, and based on the veterinarian's recommendations.
■ Daily grooming and occasional baths (at a vet or a family home) should keep the service
animal's odor to a minimum.
■ Flea control is essential, and adequate preventative measures must be taken. If a flea problem
develops, it should be dealt with immediately and in an effective manner. In the event a flea
problem is not eliminated by the handler, the housing department will exterminate the property
and assess the student the standard extermination fee.
Housing and Food Service Guidelines:
P-6
Appendix 5
■ Service animals will always be kept under control; and will always be on a leash except in the
student's room with the door closed or unless it restricts the service animal's ability to function
appropriately.
■ Disturbing animal vocalization will be kept to an absolute minimum.
■ Handlers must relieve animals in designated locations.
■ Animal food should be kept in a covered storage container to deter pests.
■ Animal's paws must be kept off tables, trays and food service counters at all times.
Unauthorized Animals:
The University Police Department should be notified of any unauthorized animal
discovered on, or in, university property. Upon receipt of a report, an officer will be
dispatched to take appropriate action. Occupants of university housing are not permitted
to keep pets except small birds in cages and small fish in aquariums.
For specific information regarding accessibility, refer to Policy F-16, Accessibility for
Persons with Disabilities. For specific information regarding resolution of disagreements,
refer to Policy F-34, Appeal Procedure Relating to the Provision of Accommodations for
Students with Disabilities. Issues related to Discrimination or Harassment refer to Policy
E-46, Discrimination Complaints/ Sexual Harassment.
Inquiries and Appeals:
Questions and concerns regarding the use of service animals on university property
should be directed to the ADA Coordinator who serves as an advisor for procedures and
access to programs and services.
Cross Reference: Accessibility for Persons with Disabilities F-16, Appeal Procedure
Relating to the Provision of Accommodations for Students with Disabilities F-34,
Discrimination Complaints/ Sexual Harassment E-46.
Responsible for Implementation: Vice President for University Affairs
Contact For Revision: Chief of University Police and Director of Disability Services
Forms: None
P-7
Appendix 5
Assessment of Institutional Effectiveness (D-50)
Original Implementation: Unpublished
Last Revision: April 28, 2005April 22, 2008
It is the policy of Stephen F. Austin State University te-w/// demonstrate institutional
effectiveness through engage in systematicoflgamg, integrated, and institution-wide,
research-based broad based, interrelated, and appropriate planning fef-and evaluation.
The institutional effectiveness process will document the achievement of the university
mission and goals. Eachof its educational activities program and of its administrative
and educational support service unit s. Annually, each unit of the institution will
electronically submit twe-institutional effectiveness documents as scheduled.
The institutional effectiveness documents will identify expected outcomes, report
outcomes assessments and indicate how assessment results will be used to improve the
unit or program.
1 .A plan for the year to come specifying the unit's goals and objectives for that year, and
describing how achievement of objectives is to be measured or assessed. The goals
of the unit must be consistent with the University's mission and with the unit's own
mission.
2. A report covering the preceding year specifying the results of assessment of the unit's
stated objectives for that year and detailing what changes and improvements have
resulted from that assessment activity.
3.The institutional effectiveness documents should be sent to the appropriate Vice
President/Provost or President. Each unit will forward final electronic copies to the
Office of Institutional Research.
The format of these documents may be determined by accreditation requirements.
Source of Authority: President
Cross Reference: None
Responsible for Implementation: President
Contact for Revision: President
Forms: None
P-8
Appendix 5
At-Will Employment (E-66)
Original Implementation: July 15, 2003
Last Revision: January \9,2006April 22, 2008
The following non-classified, academic and non-academic employees serve at the
discretion of the university and are considered at-will employees, whose employment
may be terminated with or without cause at any time by the university or the employee.
■ All positions reporting to the Board of Regents including but not limited to the President,
General Counsel, and Director of Audit Services
■ All Vice Presidents/Provost including Associate Vice Presidents/Associate Provost
■ All Deans including Associate Deans
■ All Directors
■ All Department Heads and Chairs
■ All Coaches
a All Charter School Teachers
Any appointment included in this list which is filled by a tenured employee will not
affect the employee's tenure status. Tenured employees removed from administrative
assignments under this policy may be reassigned to a faculty position.
The university may choose to reassign an at-will employee under this policy, but such
reassignment is not guaranteed. Additionally, the university will endeavor to give a
terminated employee under this policy a 30-day notice, although notice is not required.
Any decision to terminate an at-will employee must be reviewed by the general counsel
and/or director of human resources for legal considerations. Termination of at-will
employees below the vice president level must be approved by the appropriate vice
president and reported to the president and board of regents. The board of regents must
approve termination of at-will employees at the vice president level or above. All such
employees will be given an opportunity to resign in lieu of at-will termination, unless the
termination is clearly for cause. The terms of resignation must be approved by the same
process outlined for termination above, including legal review by the general counsel
and/or director of human resources.
In regards to this policy, and the employee's completion of the 180-day probationary
period, there is no contradiction. The 180-day probationary period is the designated time
frame for the new employee to demonstrate their capability to perform their job tasks in a
satisfactory manner. The completion of this evaluation period does not convey a
permanent status to employees listed in this policy, and it does not negate the at-will
status for either employee or employer.
P-9
Appendix 5
Any agreements that in any way modify this policy must be made in writing and must
contain the signature of the president, appropriate vice president, and the university board
of regents.
Source of Authority: Board of Regents
Cross Reference: None
Responsible for Implementation: President
Contact For Revision: General Counsel
Forms: None
P-10
Appendix 5
Central Receiving (F-6)
Original Implementation: Unpublished
Last Revision: April 28, 2005April 22, 2008
All supplies and equipment purchased for the university are to be delivered through
Central Receiving to ensure uniform handling of freight claims, accurate entry of
receiving information, and necessary elements of institutional control. The following
purchases are excluded from this requirement.
1. items being delivered under delegated purchase authority to the Library, Stone
Fort Museum, or departments using LPAs, P-feCards or Phone POs;
2. items whichthat require installation by the contractor;
3. items specifically authorized by the Purchasing and Inventory Department.
It is the responsibility of the department taking receipt of goods or services to
immediately update on-line receiving of any direct deliveries of goods or services.
Timely entry of receiving information is essential to avoid late payment penalties, and to
effectively handle freight claims, shortages, or discrepancies.
Vehicle Delivery
1. All vehicles delivered to Central Receiving will be checked for meeting
specifications, and delivered to the Transportation Manager for identification as a
state vehicle and recording State Vehicle Fleet Management Plan information.
2. All vehicles picked up from the dealer (usually long-term leased or lease-purchased
vehicles) must be delivered immediately upon pick-up to the
Transportation Manager for identification as a state vehicle and recording State
Vehicle Fleet Management Plan information. Vehicle pick-up may be completed by
the end user or by the Transportation Department.
Other Delivery Services
Upon receipt of goods, Central Receiving will:
1. count and examine all cartons for visible damage, create a Receiving
Report/Delivery Record in the FRS Purchasing System, and note any discrepancies
on the Bill of Lading;
2. deliver all material (except that requiring inventory tagging, special equipment or
manpower for moving) within 24-48 hours to the requisitioning department;
3. handle the filing of claims with the freight company for any freight damages or
shortages; and
P-ll
Appendix 5
4. affix property inventory tags whe^z/needed.
Upon receipt of goods from Central Receiving, the Department will:
1. check contents of shipment against original purchase order; and enter line item
receiving information into the FRS Purchasing System.
2. notify Purchasing within three working days of any damages or shortages that
could not identified by Central Receiving.
Upon receipt of goods or services directly from the Vendor, the Department will:
1. count and examine all cartons for visible damage and note any discrepancies on
the Bill of Lading
2. check contents of shipment against original purchase order and enter line item
receiving information into the FRS Purchasing System.
3. notify Purchasing within three working days of any damages or shortages
Failure to promptly update on-line receiving information or notify Purchasing of damages
or shortages may result in delays in 1) the inability to return goods, 2) higher restocking
fees, or 3) payment for the goods or services and a liability for late payment penalties.
The payment of any such penalties will be made from the account(s) that funded the
original purchase.
Outgoing Freight
Outgoing freight should be dispatched through Central Receiving to ensure proper
documentation, packing, and labeling. Clear indication of shipment value should always
be made on the package or on the accompanying documentation. A special notation
should be made when insurance is desired. Contact Central Receiving for additional
instructions or assistance in handling outgoing freight.
Source Of Authority: Vice President for Business Affairs
Cross Reference: None
Responsible for Implementation: Vice President for Finance and Administration
Contact for Revision: Director of Purchasing and Inventory
Forms: None
P-12
Appendix 5
Certificate Programs (A-69) NEW
Original Implementation: April 22, 2008
Last Revision: None
The purpose for offering an undergraduate or graduate certificate program is to meet the
supplemental education needs of professionals. As jobs and job-related responsibilities
change, individuals often need additional training. Providing certificates for workforce
development and job enhancement is a high priority for the Texas Higher Education
Coordinating Board.
A certificate program is a set of courses that provides in-depth knowledge and skill
development in a content or professional area. The content contained in a set of courses
for a certificate program should provide a coherent knowledge and skill base. Selected
courses may come from one or more academic areas. A set of courses for a certificate
program may be practice/skill oriented or academic in nature.
Process for Developing an Undergraduate or Graduate Certificate
1. Faculty members recognize a need for an undergraduate or graduate certificate
program. They document the need and prepare an application.
2. The department, through its curriculum process, approves the application.
3. The department sends the certificate program application to the college for its
review and approval-adhering to the curriculum approval process established in
the college.
4. If approved at the college level, the certificate application is forwarded to either
the Undergraduate Curriculum Committee or the Graduate Council for
consideration. If approved the certificate program is presented to the Dean's
Council for its approval and to the Provost and Vice President for Academic
Affairs.
Texas Higher Education Coordinating Board (THECB) Approval
Certificate programs that do not require THECB approval or notification are: 1) Those
certificate programs for which no collegiate academic credit is given. 2) Certificate
programs (A) at the undergraduate level of 20 semester credit hours or less, and (B) at the
graduate and professional level of 15 semester credit hours or less.
Certificate programs that require THECB Board notification and are automatically
approved, subject to review are 1) upper-level undergraduate certificates of 21-36 hours
in disciplinary areas where the institution already offers an undergraduate degree
program. 2) graduate-level and professional certificates of 16 - 29 hours in disciplinary
areas where the institution already offers a graduate program at the same level as the
certificate.
P-13
Appendix 5
Responsibility for Certificate Programs
It is the responsibility of the academic unit offering certificate programs to establish a
process for awarding and tracking certificates. Certificate records must be kept
indefinitely within the academic unit.
Cross Reference: Chapter 5. Rules Applying to Public Universities and/or Health-
Related Institutions of Higher Education in Texas, §5.48 Criteria for Certificate Programs
at Universities and Health-Related Institutions.
Responsible for Implementation: Provost and Vice President for Academic Affairs
Contact for Revision: Provost and Vice President for Academic Affairs
Forms: None
P-14
Appendix 5
Course Incidental Fees (A-12.1)
Original Implementation: April 30, 2001
Last Revision: January \9,2006April 22, 2008
Each course other than a laboratory class that is offered by the university may charge a
course incidental fee. The course incidental fee charged must reasonably reflect the actual
cost to the university of the materials and services for which the fee is collected. These
funds will be used to cover the cost of materials, supplies, and/or services which result in
a direct educational benefit in the classroom, including such things as guest lecturers or
travel expenses to off-campus locations.
Laboratory classes charge a fee for the purpose of providing materials and supplies in the
laboratory (See Policy A-24, Laboratory Fees); therefore, the course incidental fee will
not be charged for a laboratory class.
Course incidental fees recommended by the department chair/director must be approved
by the dean of the college and the provost and vice president for academic affairs. New
and changed fees will be reviewed and approved annually by the Board of Regents.^//
fees will be reviewed annually at the department level for appropriateness and accuracy.
New and changed fees will be submitted to the board of regents for approval All course
incidental fees will be published in the appropriate media and will be collected by the
controller's office through student billings.
Source of Authority: Texas Education Code, Soc. 51.501 and 51.501, VTCA, Board of
Regents, President, Provost and Vice President for Academic Affairs
Cross Reference: Texas Education Code, Section 54.504, VTCA
Responsible for Implementation: Provost and Vice President for Academic Affairs
Contact for Revision: Provost and Vice President for Academic Affairs
Forms: Lab and Course Incidental Fee
P-15
Appendix 5
Digital Millenium Copyright (D-42)
Original Implementation: July 27, 1999
Last Revision: April 28, 2005April 22, 2008
1. Summary
The Digital Millennium Copyright Act (DMCA) creates a liability limitation for
Internet service providers (ISP) for certain copyright infringements created on-line.
The university serves as an ISP for faculty, staff, and students. The DMCA
establishes procedures whereby, upon receipt of proper complaints, the university
will block access to or take down allegedly infringing material and notify the web
page owner of the complaint. The alleged infringer may issue a properly executed
counter-notice, upon receipt of which, the university shall re-post the material in 10-
14 days (unless there is court action), and immediately forward such counter-notice
to the original complainant. Repeat infringers will be subject to termination of
Internet service by the university. It is the policy of the university to comply with
these safe haven procedures created by the DMCA.
2. Registered Agent
The university General Counsel shall be designated as the registered agent for
receipt of DMCA complaints. The complaint resolution team may include the
following positions: Manager of Systems, Assistant Systems Manager, Library
Director, Associate Library Director for Information Service, University
Webmaster, Judicial Officer, Director of Student Activities, and General Counsel.
Upon receipt of a DMCA complaint, relevant team members shall be responsible for
assessing the complaint and determining the exact location of the alleged infringing
material. Assessing the complaint would include a determination of whether the
complaint contains all necessary elements, and whether the complaint involves the
University in its role as an ISP or the university (and its employees) acting as a
content provider. If the complaint is deficient, a notice of deficiency shall be
returned to the complainant with a courtesy copy forwarded to the alleged infringer.
No complaint will be deemed official, requiring take down procedures, unless all
elements of a proper complaint are included.
3. Official Complaints
The following elements are required for DMCA complaints:
P-16
Appendix 5
1. Must be signed or contain a digital signature by the owner of the copyright
or the authorized agent.
2. Description of works claimed to be infringed.
3. Description of location for alleged infringing works.
4. Sufficient information to contact the complainer.
5. Statement of good faith belief that the use is not authorized by the
owner/agent.
6. Statement that the information in the notice is accurate and, under penalty
of perjury, the complainer is authorized to act on behalf of the owner.
4. University as Content Provider
If a determination is made that the DMCA complaint involves the university as a
content provider and not an ISP, then careful consideration will be given to fair use
exemptions under the copyright act. Appropriate university officials will be notified
to handle the matter in a way similar to the way any claim of copyright infringement
is handled.
5. Faculty/Graduate Students
The DMCA specifically defines when faculty or graduate students alleged
infringement on-line is or is not attributable to the institution as a content provider.
Infringing activities shall not be attributed to the institution if:
1. Such faculty members' or graduate students' infringing activities do not
involve the provision of on-line access to instructional materials that are or
were required or recommended, within the preceding three-year period, for a
course taught at the institution by such faculty member or graduate student;
2. The institution has not, within the preceding three-year period, received
more than two official DMCA complaints about the alleged infringer; and
3. The institution provides to all users of its system or network informational
or network informational materials that accurately describe, and promote
compliance with, the laws of the U.S. relating to copyright. See University
Policy on Copyrighted Works Reproduction A-12.
6. Take Down Procedures
If the university is acting as an ISP, take down procedures will be automatically
initiated once an official complaint is received. The complaint resolution team will
notify the person responsible for the server to specifically locate the alleged
infringing materials. The dean or director for the area involved will also be
immediately notified of the official complaint. The dean or director shall
P-17
Appendix 5
immediately confer with the alleged infringer and attempt the secure a voluntary
take down of the alleged infringing material. Such voluntary take down must be
confirmed by the dean or director. If these procedures cannot be completed within a
reasonably quick time or voluntary take down cannot be secured, then the dean or
director shall immediately coordinate with the person responsible for the server to
take down the alleged infringing materials. The General Counsel should be notified
when the alleged infringing materials have been removed.
7. Counter-Notices
If the alleged infringer believes the official complaint is in error or that the
complainant is not the official copyright holder or agent, he or she can submit a
counter-notice containing the following elements:
1. Must contain a physical or electronic signature of the alleged infringer;
2. Identification of the removed material and the location at which it
appeared;
3. A statement under penalty of perjury that the alleged infringer has a good
faith belief that the material was removed because of mistake or
misidentification; and
4. The alleged infringer's name, address, telephone number, consent to the
jurisdiction of the Federal Court in which their address is located, and that they
will accept service of process from the official complainant.
Upon receipt of the counter-notice, the university shall immediately forward it to the
official complainant with an explanation that the university shall restore access to
the materials at issue within 10-14 days, unless notice is received that court action is
pending.
8. Repeat Infringers
The university may terminate Internet service to repeat infringers who receive more
than two complaints in a three-year period. Repeat infringement shall constitute
misuse of university computers and network systems under Policy D-8.1, Computer
and Network Security. Sanctions procedures under that policy will be followed.
Source of Authority; Digital Millennium Copyright Act, Pub.L.No. 105 301, 112 Stat.
2860 (October 28, 1998), 17 U.S.C 101 Note
P-18
Appendix 5
Cross Reference: Digital Millennium Copyright Act, Pub.LNo. 105-304, 112 Stat. 2860
(October 28, 1998); 17 U.S.C 101 Note; University Policies, Policy A-l 2, Copyrighted
Works Reproduction-A-43;? Policy D-8.1, Computer and Network Security-B-&74-
Responsible for Implementation: General Counsel
Contact for Revision: General Counsel
Forms: Official Complaint Notice (Form available from General Counsel.) None.
P-19
Appendix 5
Discrimination Complaints/Sexual Harassment (E-46)
Original Implementation: September 1990/February 2, 1982
Last Revision: July 10, 2001 April 22, 2008
1. Purpose: To provide a working environment of nondiscrimination, equal
employment opportunity, affirmative action, protection from retaliation for members
of classes protected by law, and to comply with federal and state equal opportunity
employment regulations.
2. Non-discrimination Policy: It is the policy of Stephen F. Austin State University
not to discriminate against any employee or applicant for employment because of
race, color, religion, sex, age, national origin, disability, or disabled veteran status.
Unlawful discrimination based on sex includes discrimination defined as sexual
harassment. Stephen F. Austin State University is committed to the principles of
Equal Employment Opportunity (EEO) law. An employee who violates this policy is
subject to disciplinary action up to and including termination.
A supervisor or employee commits unlawful employment practice if the supervisor
or employee retaliates or discriminates against a person, who (a) opposes a
discriminatory practice, (b) makes or files a complaint alleging employment
discrimination, (c) or testifies, assists or participates in any manner in an
investigation, proceeding or hearing. Any employee who retaliates against another
employee who opposes alleged employment discrimination violates the university's
policies and procedures and may be subject to disciplinary action up to and
including termination. This policy applies to student complaints that might involve
peer to peer discrimination/harassment and also student employment
discrimination/harassment.
The president or designee will be responsible for overseeing the Discrimination
Complaint/Sexual Harassment Policy and procedures and for ensuring compliance
with EEO laws. All employment decisions will be based on objective, job related,
and measurable criteria that can be consistently applied. Human resources or
designee will review all employment actions and decisions, to include, but not
limited to, recruitment, selection, promotion, assignment, training, evaluations,
discipline, restructuring, workplace accommodations, and compensation to ensure
consistency of application. Human resources or designee will annually review all
personnel policies and procedures to ensure compliance with EEO laws and present
any recommendations for updating to the president. All employment related
documents will be maintained in accordance with the university's Texas State
Record Retention Schedule.
3. Definitions:
P-20
Appendix 5
1. Unlawful Discrimination: Based upon a variety of statutes, both on the
federal and state levels, unlawful discrimination may affect terms and
conditions of the employment or the educational setting and is based upon race,
color, religion, sex, age, national origin, disability, or disabled veteran status.
Applicable statutes include: Title VII of the Civil Rights Act of 1964, Civil
Rights Act of 1991, Title IX of the Education Amendments of 1972, Age
Discrimination in Employment Act, Americans with Disabilities Act, Section
504 of the Rehabilitation Act, Equal Pay Act, Immigration Reform and Control
Act of 1986, and Article 5221k, V.T.C.STexas Labor Code 21.001, et seq. The
totality of the facts and circumstances will have a bearing on whether unlawful
discrimination has occurred.
2. Sexual Harassment: Unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature, even if carried
out under the guise of humor, constitute sexual harassment when:
3. Submission to or tolerance of such conduct is made either explicitly or
implicitly a term or condition of an individual's employment or education; or
4. Submission to or rejection of such conduct by an individual is used as the
basis for academic or employment decisions (including admissions and hiring)
affecting that individual; or
5. Such conduct has the purpose or effect of substantially interfering with an
individual's academic or professional performance or creating an intimidating,
hostile or offensive employment, educational or living environment The
university will not tolerate sexual harassment of any employee or student by
another employee, supervisor, or other person with whom an employee or
student may have contact with as part of his or her duties. The totality of facts
and circumstances in any given situation will have a bearing upon whether
unlawful discrimination or sexual harassment has occurred.
4. Required Equal Employment Opportunity (EEO) Training: The university is
required by the Texas Labor Code 21.010 to provide training to each new employee
on policies regarding discrimination and harassment no later than 30 days after the
date of hire. In addition, supplemental training is required every two years. All
employees will receive a copy of the university's Discrimination Complaint/Sexual
Harassment Policy and procedures within 30 days of employment. A signed
statement verifying attendance is required to be maintained in the employee's
personnel file.
5. Management and Supervisory Responsibilities: Vice presidents, deans,
directors and department chairs shall take appropriate steps to disseminate this
policy statement and to inform employees and students of procedures for lodging
complaints. Vice presidents, deans, directors, and department chairs are required and
students are urged to notify the director of human resources, ADA coordinator or the
P-21
Appendix 5
appropriate dean, director, or department chair for the area involved when they learn
of an instance of unlawful discrimination or sexual harassment.
6. Employee Responsibilities and Student Responsibilities: While not required,
all employees are urged to contact the director of human resources or the appropriate
dean, director, or department chair for the area involved when they learn of an
instance of employee related unlawful discrimination or sexual harassment. Students
are urged to contact the director of human resources, ADA coordinator or the
appropriate dean, director, or department chair for the area involved regarding
employee related unlawful discrimination or sexual harassment. Student to student
infractions should be reported to the Judicial Office.
7. Complaint Procedure: Employees may report a discrimination or sexual
harassment complaint without fear of retaliation. All university employees are
responsible for immediately reporting discrimination or sexual harassment
complaints to the director of human resources, or ADA coordinator (as applicable),
or may additionally be reported to a vice president, dean, director or department
chair for the area involved. Student to student complaints should be reported to the
judicial officer, or the ADA coordinator (if applicable).
Complaints should be filed as soon as possible after any incident, but no later than
180 days from the incident involving unlawful discrimination or sexual harassment
Complaints must be made in writing and signed by the individual submitting the
complaint. While investigators will attempt to maintain as much confidentiality as
possible, complete anonymity may give way to the university's obligation to
investigate and take appropriate action. Those complaints that are received verbally,
but not in writing should still be communicated to the Director of Human Resources
for possible informal investigation.
If a pattern of harassment appears to exist but no complainant files charges, the
university may file a third-party charge against an individual. Such charges will be
handled with as much care and control as any other complaint so as to avoid acting
on rumor or unjustified accusation.
8. Investigative Process:
1. Employee Related Complaints Once a complaint has been brought to the
attention of a supervisor, department chair, or other individual in a management
level position, that person must report the complaint to the director of human
resources as soon as possible. Every attempt should be made to keep the
information confidential and restricted to only those who have an absolute need
to know. As there may be more than one complainant in an unlawful
discrimination or sexual harassment case, the term "complainant" as used
herein shall refer to one or more complainants.
P-22
Appendix 5
The dean or director (or other appropriate administrator) for the area involved
will normally begin the investigation of the charges within 10 working days
from when it was received, not as a representative of the complainant, but as an
impartial party. If the director is the direct supervisor of the accused, the vice
president will assign an alternative director from within their division so the
investigator is not investigating his or her own department. The investigation
shall normally be conducted within 45 working days thereafter the letter of
finding will be forwarded to the director of human resources and the general
counsel at the end of the investigation. Case complexity will vary and the
termination of the investigation will depend on case circumstances; however,
the investigation will commence within the designated time and will conclude
under normal circumstances within 45 working days. It is incumbent upon the
investigating official to document a reasonable justification for extending an
investigation beyond 45 working days. Investigation of a complaint normally
will include conferring with the parties involved and may proceed as necessary
with examination of relevant documentation and interviews with other
employees or students. Discretion should be exercised in determining which
witnesses are indeed necessary to the investigation. The dean or director
conducting the investigation may also consult with appropriate management
personnel, including the director of human resources, the ADA coordinator,
and the general counsel for advice and guidance as applicable. After
investigating the allegations, the dean or director will meet with the accused
employee, provide the accused with the allegations and an opportunity to
respond to the allegations. The investigator is responsible for responding to
each allegation that the complainant has made. This response should be in the
form of a memo describing the investigator's findings and conclusions. The
memo summary should include a brief overview of the investigative process
including the categories and numbers of individuals interviewed (excluding
names), timelines, a summary of each allegation, a summary of the findings by
the investigator, and a summary of the investigator's conclusions and
recommendations. This memo should be addressed to both the complainant and
the accused with copies provided to the appropriate vice president, the general
counsel, and the director of human resources. If the complainant or the accused
are not satisfied with the results of the investigation as presented in the memo
from the investigator, they may appeal in writing to the appropriate vice
president within 30 days of the date of the memo.
If the complaint cannot be resolved to the satisfaction of all parties, the dean or
director, working with the director of human resources and the general counsel,
will make a recommendation, normally within 20 days of receipt of the
P-23
Appendix 5
complaint to the appropriate vice president as to whether any disciplinary
action should be taken. A summary of the case will be provided to the vice
president. Recommendations of the dean or director to the vice president may
include dismissing of the charges; warning, suspension or termination of the
accused; allowing the parties to sign a written statement of agreement resolving
the differences between them; counseling; or other appropriate disciplinary
action. A general status report of the investigation should be provided to the
complainant and the accused upon completion of this investigative phase.
2. Student to Student Complaints:
The judicial officer shall investigate student to student complaints and follow the
timeframes described in the preceding guidelines for employees. If student
discipline is recommended, the Rules of Procedure in Student Disciplinary Matters
will guide the proceedings. Said rules are located on the SFA Web Page for student
policies and procedures or may be obtained from the Office of Student Affairs.
Informal and formal disposition procedures are outlined within the policy; and, it
contains full due process procedures.
9. Review by the Appropriate Vice President for Employee Related
Complaints: After the vice president has offered to meet with the accused and if
necessary, to meet with the complainant and witnesses, he/she will accept, modify or
reject the recommendation of the dean or director. If the vice president concludes
that the charges are serious enough to require termination or suspension, the faculty
member or staff member may be placed on a leave of absence with pay, pending a
hearing by the review board and action by the president.
The vice president's review should generally be completed within 10 days from
receipt of the matter, unless additional time is required in fairness to the parties. A
general status report should be forwarded to the complainant and the accused at the
conclusion of the vice president's review.
10. Review by the Employee Discrimination Complaint Review Board: If the
decision of the vice president is not satisfactory to either party (complainant or
accused), that individual(s) has 5 days in which to request a formal hearing of the
Discrimination complaint review board ("review board"). The request must be put in
writing to the vice president issuing the decision.
The review board of three individuals will be selected from a panel of 20 pre
selected faculty members and 20 pre-selected staff members to be appointed by the
president. If the accused is a faculty member, the review board will be composed of
at least two faculty members. If the accused is a staff member, the review board will
be composed of at least two staff members. The complainant will select one member
P-24
Appendix 5
and the accused will select one member from the applicable panel. The two selected
members will choose a third person from the panel. None of these individual review
board members shall be from the department of the accused or the complainant (if
applicable). These three individuals will comprise the review board and will elect a
chair from among themselves. The university president may remove any selected
review board member if substantial proof of bias exists.
The chair of the review committee is responsible for coordinating the hearing. The
complainant, the accused, and the university all have the right to be advised by
counsel, but lawyers will not be allowed to conduct or participate in the hearing. The
day prior to the scheduled review committee hearing, each side shall submit a list of
its witnesses and copies of its documentary evidence to the chair. A list of witnesses
and a summary list of the evidence will be provided to each side. The rest of the
review committee will not receive the material until the time of the hearing. All
materials presented must be maintained in a confidential manner by all parties
involved.
The dean or director who conducted the investigation will apprise the review board
of the charges and will normally present all relevant evidence. Both parties will have
an opportunity to respond to the charges and present evidence. Each party may make
a 5 minute opening statement prior to presentation of the evidence. The burden will
be on the complainant to prove by the greater weight of the credible evidence that
the accused has committed an act of sexual harassment and/or unlawful
discrimination. Cross examination of the witnesses is allowed by all parties. Each
party may make a 5 minute closing statement.
The chair of the review board will conduct a fair hearing before the complainant and
the accused and shall allow relevant witnesses and evidence from both parties. The
hearing shall be closed to the public. The general counsel may and/or the director of
human resources may be consulted in procedural matters of the review board and
may be present at meetings. All information presented in the hearing is confidential
and restricted to only those who have an absolute need to know.
The review board will normally have 5 days after the completion of the hearing to
summarize its findings and make a written recommendation to the president.
11. Review by the President for Employee Related Complaints: The president
may accept, reject, or modify the decision of the review board and will have access
to all evidence, both parties, and witnesses as deemed appropriate. In all instances
except where a faculty member's tenure is revoked or a faculty member is being
terminated during the term of their employment, the decision of the president is
final. In cases where tenure is being revoked or a faculty member is being
P-25
Appendix 5
terminated during the term of employment, the case will be forwarded to the Board
of Regents for a final determination. Pending action by the Board of Regents, the
faculty or staff member may be suspended without pay and removed from the
university or assigned to other duties with pay at the president's discretion. Final
disposition of the case will be communicated to the accused employee and the
complainant.
12. Employee Sanctions:
1. University imposed: University sanctions for violations of this policy may
include any disciplinary action, up to and including termination of employment
for faculty or staff. Such activities may be viewed as constituting moral
turpitude or substantial neglect of academic responsibilities under the Faculty
Handbook and a major work rule violation under the Staff Discipline and
Discharge Policy.
2. Civil: Unlawful discrimination and sexual harassment are illegal under
state and federal law. Official governmental investigations by the Equal
Employment Opportunity Commission, the Texas Commission on Human
Rights, and/or the Office of Civil Rights of the Department of Education may
result in civil lawsuits against any person guilty of unlawful discrimination or
sexual harassment.
3. Criminal: Sexual harassment by a public servant is a criminal offense
under 39.02 of the Texas Penal Code. Depending on the severity of the acts,
sexual harassment may also specifically include indecent exposure, public
lewdness, assault, or sexual assault under Chapter 21 and 22 of the Texas Penal
Code.
4. False charges may result in disciplinary action against the complainant by
the university or civil charges against the complainant by the accused. An
unsubstantiated charge is not considered "false" unless it is found to be made
with the knowledge of it being false.
13. Student Sanctions: Disciplinary action for student to student related complaints
may range from sensitivity counseling to suspension or dismissal. False charges may
also result in disciplinary action. An unsubstantiated charge is not considered "false"
unless it is found to be made with knowledge of it being false.
14. The dean/director (or other appropriate administrator) who investigated the
complaint will be responsible for monitoring the circumstances surrounding the
complaint to insure the situation has been remedied.
15. The human resources director or designee will be responsible for maintaining a
log of all formal complaints and the results of such complaints.
Cross Reference: Faculty Handbook, Non-Academic Employee Handbook; 42 U.S.C.
2000e; 42 U.S.C. 1981; 20 U.S.C. 1681-1688; 42 U.S.C 12101; 29 U.S.C. 621 et seq.;
P-26
Appendix 5
29 U.S.C. 794 et seq.; 29 U.S.C. 206(d); 8 U.S.C. 1101; Texas Labor Code Sec. 21.101 et
seq.; Texas Penal Code, Sec. 39.02; Pub. L 88-352 (Title VII); Pub. L. 102-166
Responsible for Implementation: President
Contact for Revision: Director of Human Resources and General Counsel
Forms: None
P-27
Appendix 5
Drug and Alcohol Testing (E-61)
Original Implementation: July 14, 1998
Last Revision: April 28, 2005April 22, 2008
It is the policy of Stephen F. Austin State University to promote a safe, healthy and
productive learning and working environment free from the influences of drugs and
alcohol. The university must set an example to ensure the safety, health and welfare of its
employees, students and the citizens which it serves, by taking the appropriate steps for
maintaining a drug-free workplace as mandated by the state and federal governments.
This policy supplements all other SFASU policies regarding drug and alcohol use and
related topics by establishing the guidelines for drug and alcohol testing. The drug and
alcohol testing program is for the purpose of ensuring a healthy and safe workplace, and
may not be used for the purpose of criminal prosecution.
General Policy
Stephen F. Austin State University may require employees in safety sensitive positions to
submit to drug and/or alcohol testing based upon reasonable suspicion, post accident, or
post university referred drug and/or alcohol rehabilitation. University safety sensitive
employees who are subject to Department of Transportation regulations in 49 CFR parts
382, 291, and 40 (primarily drivers with commercial drivers licenses) will additionally be
subject to random drug and/or alcohol testing proscribed by federal law.
1. Reasonable Suspicion:
a. Direct observation of drug or alcohol use or possession and/or
demonstration of physical symptoms of the influence of a drug or alcohol as
related to work activities,
b. A pattern of abnormal or erratic behavior, consistent with alcohol or drug
abuse,
c. Arrest or confiction conviction of a drug or alcohol related offense as the
focus of a criminal investigation into illicit drug use, possession, or trafficking,
d. Information provided by reliable or credible sources,
e. Information, which is independently corroborated,
f. Evidence that an amployee employee or student worker has tampered with
a previous drug or alcohol test, or
g. Possession of drug paraphernalia.
Individuals having reasonable suspicion of an employee in a safety sensitive
position, based on the above criteria, must contact the Director of Human
P-28
Appendix 5
Resources and/or the Director of Environmental Health, Safety, and Risk
Management. When feasible, the Office of the General Counsel will be
contacted to confirm whether a given circumstance is sufficient to conduct a
test.
Reporting personnel shall document the exact reasons why they suspect that a
certain employee in a safety sensitive position has violated the drug and/or
alcohol policy to include: the symptoms exhibited by the employee; the actions
of the administrator, faculty, employee or student worker; if at all possible,
corroborating statements from other administrators, faculty, employees or
student workers; and other evidence which tends to establish a reasonable
suspicion of illicit drug or unauthorized alcohol use. Statements by the
reporting personnel should document specific facts, not speculation, about an
employee's behavior or appearance which wouldln the statement, colloquial
expressions or conclusions about a person's appearance such as "he looks
stoned" or "she was drunk-" should be avoided. Instead, reporting personnel
should make every effort to document the specific facts about an employee's
behavior, which could lead a reasonable person to the conclusion that the
employee was using or in possession of illicit drugs or unauthorized alcohol.
The emphasis should be placed on how the behavior of the employee is
affecting his/her performance.
2. Post-accident:
Each employee in a safety sensitive position who is involved in an accident that
occurs during the course and scope of employment shall be required to submit
to a drug/alcohol test. (A drug or alcohol test will also be requested if damage
has occurred to university property as a direct result of the employee's
behavior.)
3. Post University:
Referred Rehabilitation Monitoring:
As a condition of continued employment, any employee in a safety sensitive
position who is participating in a substance abuse treatment program or who
has a rehabilitation agreement with the university following an incident
involving substance abuse may be required to submit to additional drug testing.
This section shall not apply to employees in safety sensitive positions who have
successfully completed a drug and or alcohol rehabilitation program prior to
employment with the university.
P-29
Appendix 5
Until the results of a test are received, an individual will automatically be removed
from all safety sensitive functions, but may perform duties as assigned. Individuals
may be suspended with pay pending investigation, if the continued participation of
that individual presents a real and present danger to personal safety or property or
threatens the health and safety of the individual or peers.
Prohibited Employee Conduct
1. Engaging in the manufacture, distribution, possession, or use of prohibited
substances on university property, in university vehicles, or while in the conduct of
university business. (Alcohol possession or use may be permitted on university
property as articulated by university policy.)
2. Reporting to work under the influence of alcohol or illegal drugs.
3. Testing positive for alcohol and controlled substances as a safety sensitive
employee.
4. Refusing to submit to required testing as a safety sensitive employee.
5. Permitting a subordinate employee, in a safety sensitive position, to perform or
continue to perform safety sensitive functions when the supervising employee has
actual knowledge that a safety sensitive employee has engaged in conduct prohibited
in paragraphs above.
Refusal to Submit Test
An employee in a safety sensitive position who refuses to consent and submit to a test
when requested under any of the circumstances provided for above will be subject to
disciplinary action including termination.
Refusal to submit includes:
1. Failure to provide adequate breath for testing without a valid medical explanation
after he or she has received notice of the requirement for breath testing in
accordance with the provisions of this policy,
2. Failure to provide adequate urine for controlled substances testing without a valid
medical explanation after he or she has received notice of the requirement for urine
testing in accordance with the provisions of this policy, and
3. Engaging in conduct that clearly obstructs the testing process.
Positive Test
An employee in a safety sensitive position with a positive tests will be removed from
performing his or her safety sensitive functions. Their supervisor and the Director of
P-30
Appendix 5
Human Resources will meet with each employee who tests positive and inform the
employee of the test result.
Based upon the information available after the meeting with the employee, the supervisor
and the Director of Human Resources shall determine whether:
1. To proceed to impose appropriate disciplinary action (keeping in mind any
minimum penalties as may be required by federal or state law if criminal penalties
may have been pursued and the nature of the infraction as related to the job
functions of the individual) pursuant to university procedures for discipline and
dismissal of employee; or
2. To offer the employee the opportunity to participate in and satisfactorily complete
an appropriate employee assistance program or rehabilitation program for alcohol
and/or drug abusers as a condition of continued employment solely at the
employee's expense. An employee who is permitted and chooses to participate in
such a program must be informed that the university will pursue appropriate
disciplinary action if the employee does not satisfactorily complete the prescribed
program.
Recurrence of Substance Abuse: Upon the second occurrence of the necessity to
potentially refer an employee, to counseling, or rehabilitation treatment, there will not be
an option to refer the employee in a safety sensitive position for treatment and
termination will be automatic.
Subsequent disciplinary actions: When an employee has experienced work related
problems as a result of alcohol or drug use and has been reinstated, subsequent
disciplinary action will not be taken for the previous work related problems provided the
problems cease after reinstatement.
Employees Subject to Drug and Alcohol Testing
All employees in safety sensitive positions of Stephen F. Austin State University are to
be included in the alcohol and/or drug testing program and will be subject to testing.
Employees identified for testing purposes are expected to cooperate fully with designated
clinic and/or laboratory personnel by making themselves available for testing, giving a
valid sample and completing accurately all of the steps and necessary documents
associated with the test.
Employees in safety sensitive positions at the university who are subject to this drug
testing policy are defined as follows:
P-31
Appendix 5
All employees whose job duties have a direct affect on the health, safety and welfare of
employees, students and citizens, which the university serves including the following
described duties:
Drivers with commercial drivers licenses (CDL),
Employees who are required to have a university certified drivers license in their
job description,
■ Persons who carry a firearm for security purposes,
■ Employees who control dispatch of emergency services,
■ Employees who repair or maintain university owned or leased vehicles,
All maintenance personnel including but not limited to electricians, plumbers,
carpenters, etc.,
' All employees who maintain the critical infrastructure of the university including
but not limited to database administrators, systems administrators, programmer and
systems analysts, network support specialists, etc.,
■ Persons required to use dangerous equipment in the course and scope of their jobs
including saws, drills, torches, tractors, mowers, and other motorized equipment,
Employees using chemicals or other dangerous substances in the course and scope
of their jobs,
■ Medical professionals including licensed doctors, licensed nurses and certified
athletic trainers.
Facilities for Testing
Employees selected for testing procedures shall report to the designated independent
facility, or may be escorted by an authorized supervisor. A specimen will be collected
and tested by an independently approved laboratory using valid, reliable testing
procedures as outlined under the U.S. DOT regulations at 49 C.F.R, part 40. The services
of a Medical Review Officer (MRO) will be retained for proper laboratory results
interpretation.
Test Results
Drug and alcohol screen test results will be reviewed by an independent Medical Review
Officer (MRO) after receipt of the specimen by the laboratory.
Employees who test positive for substances prohibited by this program shall be afforded
an opportunity to consult with the MRO and to provide medical records or other
biomedical information to assist the MRO in determining whether there is a legitimate
medical explanation for the test results, including use of a legally prescribed medication.
Upon review of all confirmatory tests and other medical records, the MRO shall issue a
P-32
Appendix 5
confirmation report verifying test results. The MRO's confirmation report and the results
therein shall be deemed conclusive.
The MRO refers to a licensed physician who is responsible for receiving laboratory
results generated by the employer's drug testing program, evaluation, interpreting and
verifying those drug testing results in conjunction with an employee's medical history,
and determining whether a positive result was caused by the use of prohibited drugs or by
an employee's medical condition.
The MRO shall have knowledge of substance abuse disorders and appropriate medical
training to interpret and evaluate an individual's positive test result (as reported by the
laboratory) together with his or her medical history and any other relevant biomedical
information.
Any results below the minimum stipulated test levels for drug testing or under .02 for
alcohol testing shall be considered a negative test result. Any employee with properly
confirmed positive drug test results, or greater than .02 alcohol test as certified by the
MRO, shall continue to be removed from any safety sensitive work and shall report to the
supervisor upon request.
Records
All information from an applicant's or an employee's drug and alcohol tests is
confidential, unless otherwise required by law. Records will be maintained in a secure
manner so that disclosure of information to unauthorized persons does not occur.
Appeal and Retesting
Employees may appeal positive test results by submitting a written request to the Director
of Human Resources within 24 hours after being informed of the positive test result. The
appellant has the right to have a second test performed at a certified laboratory of his/her
choice. The specimen transfer between the laboratories will follow standard protocol. An
MRO shall interpret the alternate laboratory's test results, considering the nature of the
result and time elapsed since the original test. All expenses for such retests will be the
responsibility of the appellant.
Training
Supervisors who make reasonable suspicion determinations will receive training to
recognize the signs and symptoms of drug use and will receive additional training to learn
about the physical, behavioral, speech, and performance indicators of probable alcohol
use.
P-33
Appendix 5
Notice
All new employees shall receive notice of this policy and be required to sign an
acknowledgement of receipt. Failure to sign an acknowledgement of receipt shall not
nullify the notice provided by the University. Existing employees will be notified of the
policy and its revisions.
Source of Authority: Director of Environmental Health, Safety, and Risk Management,
Director of Human Recourses, and General Counsel
Cross-reference: Alcohol and Drug Free Workplace (Policy E-5); Discipline and
Discharge (Policy E-11); Illicit Drug and Alcohol Abuse (Policy D-19); 49 CFR 382 &
40
Responsible for Implementation: President
Contact for Revision: Director of Environmental Health, Safety, and Risk Management,
Director of Human Resources, and General Counsel
Forms: Notice and Acknowledgement of Policy Receipt
P-34
Appendix 5
Gifts, Prizes and Awards (C-58) NEW
Original Implementation: April 22, 2008
Revisions: None
This policy provides guidance regarding gifts, prizes and awards that can be given, the
manner in which they can be given, and reporting requirements. State and federal
regulations restrict the use of university assets to provide occasional gifts, prizes and
awards to employees, students and others in the university community. In addition,
different IRS regulations apply to the federal reporting of gifts, prizes and awards given
to employees versus non-employees.
Raffles that include the purchase of a chance or ticket may not be conducted by the
university. Outside organizations authorized to conduct raffles may do so only in
accordance with Policy D-33, Solicitation on Campus, and state law.
Financial aid awards and grants are not considered gifts, prizes or awards for purposes of
this policy. Most awards to students that are related to academic performance are
considered financial aid, and as such are not subject to the provisions of this policy.
Financial aid awarded to students must be processed through the business office,
recorded on the student's account, and reflected on the student's bill.
Marketing and promotional items bearing the SFA name or logo are not considered gifts
as long as they are not excessive in nature. An example of a marketing or promotional
item is a shirt with an SFA department name provided to an SFA employee or
representative. In addition, tickets provided to a representative of SFA for sporting
events, fine arts events, recognition banquets, etc, are not considered gifts when
attendance at the event is to promote the university in the representative's official
capacity.
All definitions and reporting requirements of this policy apply to any university funds,
and remain the same even if the funds originate as a gift to the university from a third
party.
No gifts, prizes or awards of any kind should be charged to university education and
general (state) funds, designated accounts funded by course fees or other fees, or
restricted federal and state funds as outlined below.
Use of Restricted Federal and State Funds: Funds from federal and state grants,
contracts, or other sponsored agreements cannot be used to pay for items that are or
appear to be gifts or marketing or promotional items, such as t-shirts, key chains, tote
bags, caps, and other souvenirs or memorabilia, unless specifically provided for in an
award document. Use of these funds to pay for awards for participation in grant-funded
activities is generally allowable when both reasonable in cost and necessary to
P-35
Appendix 5
accomplish program objectives. Acceptable awards include plaques, small trophies,
ribbons, certificates, and pens/pencils and similar items.
For purposes of this policy the following definitions are understood:
Employee: An individual receiving compensation as a full-time or part-time employee,
including casual employees, student employees and graduate assistants.
Non-Employee: An individual receiving no employment compensation of any kind or in
any amount, including students who are not employed by any department of the
university.
Gifts: A voluntary conveyance of something of value as a gesture of good will or
appreciation. Marketing and promotional items are excluded as gifts as noted above.
Award: Something of value conveyed as a result of competition, merit or in recognition
of service to the university on the part of the recipient.
Prize: Something of value conveyed as a result of chance, generally for promotional
purposes, to one or more participants in an event sponsored by a university department or
organization.
EMPLOYEE as the recipient of a Gift, Prize or Award
Gifts
Gifts of cash, including gift cards and gift certificates, to employees are not allowed using
university funds.
Gifts, including those for birthdays, weddings, showers, retirements and other personal
events, are usually not allowable expenditures of university funds. At their discretion,
co-workers may contribute personal funds for this purpose.
Gifts other than cash, gift cards or gift certificates, and personal in nature such as those
described in the previous paragraph may be allowed upon approval by the President or
Vice-President when such gifts are for the purpose of showing support, respect,
recognition, or good will, and are within IRS guidelines. If approved, the department
must report the following information to the Controller's Office: recipient name, social
security number, address and value of the gift.
Non-cash gifts for employees of nominal value, such as t-shirts, cups, mugs, etc. can be
purchased with appropriate funds. Marketing or promotional items bearing SFA name or
logo as discussed above are not considered gifts. Non-cash gifts must be valued at $100
or less, unless a larger amount is approved by the President or Vice President. The
P-36
Appendix 5
department must report the following information to the Controller's Office: recipient
name, social security number, address and value of the gift.
Prizes & Awards
Cash awards may be given to employees for meritorious performance or other reasons
connected with employment ONLY as part of an established campus-wide program. See
Policy A-66 "University Award Programs." Such cash awards cannot be given in the
form of gift certificates or gifts cards, but must be paid through payroll and submitted on
a stipend authorization form.
Non-cash awards given to employees as length of service awards are acceptable as long
as they are valued at less than $400 per year per employee. These awards may ONLY be
administered by Human Resources.
Any non-cash award given for meritorious performance, or other reasons connected with
employment, must be of nominal value. For purposes of this policy, nominal value is
defined as $50 or less.
An employee may accept a cash or non-cash prize or award of any amount where the
individual's employment is incidental to the basis on which the prize or award is given.
For example, a university employee would be eligible to win a door prize given at
random or an essay-writing contest.
The department or organization sponsoring the contest, game of chance, etc., without the
purchase of a chance or ticket must report the following information to the Controller's
Office: recipient name, social security number, address, and value of the prize or award.
NON-EMPLOYEE as the recipient of a Gift, Prize or Award
Gifts
Gifts of cash to non-employees are not allowed.
Gift certificates, gift cards or tangible commodities are allowed as long as the gift is
given for a valid business reason.
For any gift greater than $100 in value, the department must report the following
information to the Controller's Office: recipient name, social security number, address,
value of the gift and reason for the gift.
Development Gifts to donors or other individuals serving development interests, or for
alumni relations purposes using university funds or property cannot exceed $ 100 in value
unless approved by the President. The department must report the following information
to the Controller's Office: recipient name, social security number, address and value of
the gift.
P-37
Appendix 5
Institutional Gifts - When university officials are visiting abroad or are hosting visitors
from other institutions, appropriate university funds may be used to give such visitors a
gift valued at $100 or less, as a sign of appreciation or recognition. Any gift valued
greater than $100 must be approved by the President. Marketing and promotional items
with the SFA name or logo are not considered gifts as discussed above. The department
must report the following information to the Controller's Office: recipient name, social
security number, address and value of the gift.
Gifts to Public Officials - Federal and state laws severely restrict the nature and value of
gifts that may be made to public officials, and those restrictions may vary depending on
the type of gift as well as the office held by the official. Gifts to municipal officials may
also be restricted. In general, university policy prohibits all gifts to public officials, with
the exception of token gifts valued at less than $50 as long as they are not provided in
exchange for his/her decision, opinion, recommendation, vote, or other exercise of
discretion as a state employee. Any exception to this limit should be discussed in
advance with General Counsel in order to make certain it is allowed under the specific
governing conditions. There may be restrictions on paying honoraria to public officials
and questions should be directed to the General Counsel.
Prizes & Awards
Cash (including gift certificates or gift cards) or non-cash items may be given as prizes
and awards as long as they are reported as required herein. Prizes and awards to non-employees
must be for a valid business reason, which may include a contest, door prize,
etc. without the purchase of a chance or ticket.
Regardless of the value of the prize or award, the department must submit the following
information to the Controller's Office: recipient name, social security number, address,
value of the prize or award, and the reason for the prize or award.
NON-RESIDENT ALIENS as the Recipient of a Gift, Prize or Award
Cash and non-cash gifts, prizes and awards to nonresident aliens are generally subject to
30% withholding and reported on an IRS Form 1042-S. The department or organization
must contact the Controller's Office before processing gifts, prizes and awards to persons
who are not U. S. citizens or Legal Permanent Residents, regardless of the value of the
gift, prize or award.
The following information must be reported to the Controller's Office: recipient name,
social security number, address, value of the prize or award, and the reason for the prize
or award
P-38
Appendix 5
SUMMARY
P-39
Appendix 5
Cross Reference: IRS Regulations, Policy D-33, Solicitation on Campus; Texas Penal
Code §36.02; Policy A-66, University Award Programs.
Responsible for Implementation: Vice President for Finance and Administration
Contact for Revision: Controller, Director of Purchasing and Inventory/HUB
Coordinator
Forms: Purchase Requisition
P-40
Appendix 5
Graduate Assistantships (A-20)
Original Implementation: Unpublished
Last Revision: January 30, 2001April 22, 2008
To be eligible for a graduate assistantship, a student must have clear or provisional
admission to the graduate school and the department/school/division and be in good
academic standing. Graduate assistants assigned at the 50% rate (50% = full graduate
assistantship) are expected to serve 20 clock hours per week in the
department/school/division to which they are assigned. Those assigned to other
percentages are expected to work a proportionate number of clock hours. The department
chair/director is responsible for the selection, training, assignment of duties, and
supervision of the graduate assistants in his/her department/school/division.
A graduate assistant must be enrolled for at least nine six hours of graduate course work
in the fall or spring semesters and three semester hours in a summer session. Should a
graduate assistant fall below the m&e-six or three hour minimum for a semester or
summer session, he or she will not be eligible for an assistantship the following semester.
A student must be approved for an assistantship by the chair/director of the department,
the Director of Personnel Services, the Budget Director, and the Associate Vice President
for Graduate Studies and Research. The appointment as a graduate assistant is completed
only after the candidate has attended a mandatory new employee orientation session in
the Office of Personnel Services.
Except for students in the Ed.D., Ph.D. and M.F.A. programs, a student may receive an
assistantship for no more than four long semesters and two full summers.
Cross Reference: Graduate Bulletin
Responsible for Implementation: Provost and Vice President for Academic Affairs
Contact for Revision: Associate Vice President for Graduate Studies and Research
Forms: Application Form for Graduate Assistantships (available from the office of the
Chair/Director of the academic department)
P-41
Appendix 5
Insurance and Other Benefits (E-28)
Original Implementation: Unpublished
Last Revision: April l3,2006April 22, 2008
Employee insurance and benefits include the following: Benefits eligible employees are
offered a basic insurance plan, which is fully funded by the State for full time employees
and is funded at one-half of the premium for part-time employees. The basic plan
includes hospitalization insurance, $5,000 term life insurance and $5,000 accidental death
and dismemberment insurance. Enrollment in health insurance coverage may be subject
to a 90-day waiting period for employees hired on or after September 1, 2003. The 90-
day health coverage waiting period does not apply to:
1. Employees enrolled in COBRA health coverage under the Texas Employee's
Group Benefit Program at the time they are hired, if there is no break in coverage.
2. Enrollment in the optional coverage during the first 30 days of employment,
including Tex Flex accounts.
3. Direct transfers from one agency to another (employees rehired without a break in
coverage), including direct transfers from UT or Texas A&M, if there is no break in
coverage.
4. An employee, who has health insurance as a dependent of another Group Benefit
Plan member when hired.
Each employee must elect to enroll or waive this plan within the first 31 days of
employment. If a Multipurpose Form is not completed, the full-time employee will be
enrolled in the basic plan, and may be subject to the 90-day waiting period. Part-time
employees and graduate assistants are not eligible for automatic enrollment. These
employees must complete the Multipurpose Form within thirty-one (31) days of the first
active duty date.
An employee does not have to participate in the basic plan to apply for optional
coverage(s). There is not waiting period for optional coverage.
Group Hospitalization Insurance
1. A major medical health/hospitalization plan is provided, based on residency or work
zip code, and/or a choice of HMO, (when available).
P-42
Appendix 5
Employees may select from hospitalization categories shown below:
Coverage Category
Employee
Employee & Child/Children
Employee & Spouse
Employee & Family
Details on coverage and rates are available from the Benefits Office in Human Resources
(HR) or at the web site: www.ers.state.tx.us.
2. Application for coverage for employees and their dependents must be made in the first
31 days of employment. Employees may change their health coverage selection at any
time during the 90-day waiting period.
3. Continuation of coverage upon termination of employment is allowed by federal law
with specific limitations. All separating employees will be informed of their right to
continue coverage during their exit interview in Human Resources. C.O.B.R.A. forms
will be mailed by the Employee Retirement System of Texas to the home address of the
terminating employee and/or covered dependents for completion. Covered dependents are
also eligible for continued coverage following certain qualifying events such as divorce,
death of the employee, attainment of maximum age of coverage for children, etc. An
employee or the covered dependent must notify the Benefits Office within thirty (30)
days of the qualifying event date. Questions concerning procedure and benefits should be
directed to the Benefits Office in Human Resources.
Group Term Life Insurance
1. Optional Term Life Insurance. Coverage of up to twice the annual salary may be
selected within thirty-one (31) days of employment. Evidence of Insurability must be
provided for Election III or Election IV.
Coverage Amount:
Election I - 1 times annual salary
Election II - 2 times annual salary
P-43
Appendix 5
Election III - 3 times annual salary
Election IV - 4 times annual salary
Coverage is reduced at age 70 for active employees based on the carrier's standard
reduction schedule.
Monthly Premium Cost. The monthly premium cost is based on age and salary on
September 1 of the current fiscal year.
2. Dependent Life Insurance. Coverage is available to all employees insured under the
Texas Employee's Group Benefit Program. Coverage includes the spouse of the
employee and each unmarried child from the age of 14 days to 25 years in the amount of
$5,000 life and $5,000 AD&D. Application for coverage must be made within thirty-one
(31) days from the date of employment, or dependent's eligibility date; otherwise
evidence of insurability is required.
Long-Term Disability
Long-Term Disability insurance is available to benefits eligible employees. This benefit
will pay 60% of the employee's monthly salary (maximum salary $10,000) after a 90-day
waiting period in the event the employee is disabled because of injury or illness. The
monthly benefit will be integrated with Workers Compensation, Social Security
Disability, Teacher Retirement Disability, and/or any disability benefit. Maximum
benefit, if integration is used, is 70% of insured monthly salary. Minimum benefit, if
integration is used, is 10% of monthly salary for one year. The following age and time
limits apply:
Age When Disability Starts Maximum^ Duration of Benefits
Under age 60 Te^4ge 65
Age 60, but less than age 64 60 months
Age 65 - 69 Te-a4ge 70 or 12 mos. (the greater)
Monthly Premium Cost. The premium is based on current rate per $100 of monthly
salary.
Application for this coverage must be made within thirty-one (31) days of employment,
otherwise evidence of insurability is required and forms must be completed during the
Summer Enrollment period.
P-44
Appendix 5
Short-Term Disability
Short-Term Disability is available to benefits eligible employees. This benefit will pay
6Q66% of the employee's monthly salary (maximum salary $370,000) after a thirty
(30)day waiting period, for up to five months in the event the employee is disabled
because of injury or illness. The monthly premium cost is based on the current rate per
$100 of monthly salary. Application for this coverage must be made within thirty-one
(31) days of employment^ otherwise evidence of insurability is required during Summer
Enrollment.
Accidental Death and Dismemberment Benefits
Benefits eligible employees have the option of participating in the AD&D program. This
coverage is available starting at $10,000 in increments of $5,000 up to $200,000. After
age 70, minimums and maximums are reduced. Double coverage of dependent children
will be allowed, if both parents are Group Benefit Plan employees. The monthly premium
is based on current rate per $1,000 of coverage. Application for this coverage must be
made within thirty-one (31) days of employment or could be added during the summer
enrollment period.
Dental Insurance
Benefits eligible employees may elect to participate in either of the two group dental
insurance programs. If application for coverage is not made within thirty-one (31) days of
employment, dental plan benefits cannot be acquired until the beginning of the next plan
year and enrollment forms must be completed during the summer enrollment period.
Cancer Care
Benefits eligible employees may elect to participate in cancer care coverage. Employees
should contact the insurance company representative to make an application.
Long Term Care
A Long Term Care Plan is offered by Employees Retirement System of Texas to active
employees and their families through CNA Insurance. The active employee may enroll at
the time of employment or (within 31 days), without evidence of insurability. However,
any family members must go through evidence of insurability to enroll in the plan. For
information, or to sign up, go to www.ers.stateJx.us/Unks or call CNA at (877) 895-6762.
Retiree Insurance Coverage
P-45
Appendix 5
University employees may continue

Click tabs to swap between content that is broken into logical sections.

This item may be protected under Title 17 of the U.S. Copyright Law. It is available for non-commercial research and education. For permission to publish or reproduce, please contact the East Texas Research Center at asketrc@sfasu.edu

Transcript

Stephen F. Austin State University Minutes of the Board of Regents Nacogdoches, Texas April 21 and 22, 2008 (Volume 243) TABLE OF CONTENTS BOARD MINUTES FOR APRIL 21 AND 22, 2008 Page Monday, April 21, 2008 Executive Session Only. No Action Items Tuesday, April 22, 2008 Approval of Naming Opportunities Board Order 08-16 Naming of the Ed and Gwen Cole Art Center 3 08-17 Naming of the Adlai and Patricia Mast Conference Room 5 08-18 Naming of the Jack and Doris Ledbetter Gallery 7 08-19 Naming of the Florence Wilson Reavley Gallery 9 Approval of Minutes Board Order 08-20 Approval of January 28 and 29, 2008, and February 7, 2008 Minutes 11 Personnel Board Order 08-21 Approval of Personnel Items Faculty Appointments for 2008-2009 11 Staff Appointments for 2008-2009 13 Changes of Status for 2008-2009 14 Retirements 16 Promotions 17 Tenure 18 Faculty Development Leave for 2008-2009 18 Regents Professorships for 2008-2009 18 Leave of Absence with Pay 18 Academic and Student Affairs Board Order 08-22 Approval of Academic and Student Affairs Items Curriculum Changes 19 Small-Size Classes Spring 2008 19 Approval of University Mission Statement 19 Nursing Program in Rusk, Texas 19 Financial Affairs Board Order 08-23 Adoption of 2008 Summer Budget 20 08-24 Property, Boiler & Machinery, and Inland Marine Insurance 20 08-25 Waiver of Student Recreation Center Fee and Student Center Fee for Online Students 20 08-26 Designated Tuition Semester Credit Hour Fee Increase 21 08-27 Statutory Changes to General Property Deposit 21 08-28 Approval of Course Fees and Other Fees for Fall 2008 22 08-29 Room and Board Rates for 2008-2009 22 08-30 ARAMARK FY2009 Rate and Contract Addendum 22 University Policies and Procedures Board Order 08-31 Policy Revisions 23 Reports President Audit Services Report Faculty Senate Student Government Association Report of Nominating Committee and Election of Officers Board Order 08-32 Election of Board Officers 2008-09 24 Appendices Appendix 1 - Undergraduate and Graduate Course and Program Additions, Deletions, and Changes Appendix 2 - Small-size Class List for Spring 2008 Appendix 3 - Course Fees and Other Fees for FY09 Appendix 4 - Room and Board Rates for 2008-09 Appendix 5 - Policy Revisions Stephen F. Austin State University Minutes of the Meeting of the Board of Regents Nacogdoches, Texas April 21 and 22,2008 Austin Building 307 Monday, April 21,2008 The regular meeting of the Board of Regents was called to order in open session at 8:00 a.m., Monday, January 21, 2008, by Chair Valerie Ertz. PRESENT: Board Members: Ms. Valerie Ertz, Chair Mr. Carlos Amaral Mr. Richard Boyer Mr. James Dickerson Mr. Bob Garrett Mr. Joe Max Green Mr. Paul Pond Mr. James Thompson (joined the meeting at 2:15p.m.) Ms. Stephanie Tracy Mr. Melvin White President: Dr. Baker Pattillo Vice-Presidents: Dr. Richard Berry Mr. Danny Gallant Mr. Steve Westbrook General Counsel: Ms. Yvette Clark Other SFA administrators, staff, and visitors The Building and Grounds Committee convened at 8:00 a.m. and adjourned at 9:12 a.m. The Finance/Audit Committee convened at 9:25 a.m. and adjourned at 11:17 a.m. The Academic and Student Affairs Committee convened at 11:33 a.m., recessing for a lunch break from 12 noon to 2:18 p.m., and adjourned at 3:25 p.m. The chair called for an executive session at 3: 30 p.m. to consider the following items: Real Estate Deliberations Regarding the Purchase, Exchange, Lease, Sale or Value of Real Property (Texas Government Code, Section 551.072), including possible property purchase. -1- Gifts and Donations Deliberations Regarding Negotiated Contracts for Prospective Gifts or Donations (Texas Government Code, Section 551.073), including possible naming opportunities. Personnel Matters Regarding Specific University Employees (Texas Government Code Section 551.074) Consideration of Individual Personnel Matters Relating to Appointment, Employment, Evaluation, Assignment, Duties, Discipline, or Dismissal of an Officer or Employee, including but not limited to: Associate Vice President for Graduate Studies and Research / Dean of the Graduate School Dean of College of Forestry and Agriculture Associate Vice President for Academic Affairs Vice President for Development Director of Development Executive Director of Alumni Director of Athletics Baseball Coach Equestrian Coach Vice Presidents President The executive session ended at 7:10 p.m. and the board recessed for the evening, with no action taken. Tuesday, April 22, 2008 The chair reconvened the board meeting in open session at 9:00 a.m. on Tuesday, April 22, 2008. PRESENT: Board Members: Ms. Valerie Ertz, Chair Mr. Carlos Amaral Mr. Richard Boyer Mr. James Dickerson Mr. Bob Garrett Mr. Joe Max Green Mr. Paul Pond Mr. James Thompson Ms. Stephanie Tracy Mr. Melvin White President: Dr. Baker Pattillo -2- Vice-Presidents: Dr. Richard Berry Mr. Danny Gallant Mr. Steve Westbrook General Counsel: Ms. Yvette Clark Other SFA administrators, staff, and visitors The chair welcomed guests to the board meeting and called upon Regent Dickerson to lead the pledge to the flags. Regent Amaral provided the invocation. SPECIAL RECOGNITIONS Mr. Robert Hill introduced Head Coach Danny Kaspar and the Lumberjack Basketball team, who were the recent Southland Conference co-champions. Mr. Westbrook introduced Director of Student Life Michael Preston, Head Coach Trisha O'Connor and the SFA Cheerleaders, who recently won their sixth straight national championship. Dr. Berry introduced Advisor Michael Fountain and the Forestry Sylvans Club, who recently won first place in the annual conclave of the Association of Southern Forestry Clubs. Dr. Berry also introduced the faculty members being recommended for promotion to the rank of professor and the Regents Professor for 2008, Dr. John Moore. Dr. Pattillo thanked current and past members of the faculty from the School of Human Sciences who participated in the transfer of the Steen Glass Collection from that school to the Board of Regents Conference Room Suite. APPROVAL OF NAMING OPPORTUNITIES Board Order 08-16 Upon motion of Regent Amaral, seconded by Regent Pond, with all members voting aye, it was ordered that the following agenda item be approved: NAMING OF ED AND GWEN COLE ART CENTER The board of regents adopted the appropriate gift agreements to name the building known as The Art Center @ The Old Opera House, by which the president is authorized to sign, and the following resolution: -3- RESOLUTION Adopted on April 22, 2008 by the Board of Regents of Stephen F. Austin State University WHEREAS, Ed and Gwen Cole are among the most loyal benefactors and supporters of art, music, theatre, biotechnology, nursing, audiology, alumni and athletic programs at Stephen F. Austin State University; and WHEREAS, they have served as members of the Stephen F. Austin Foundation Board of Trustees, Friends of Music, and Presidents of the Lumberjack and Ladyjack Booster Clubs, and are currently serving as members of the College of Fine Arts Dean's Circle Advisory Board; and WHEREAS, they have faithfully served and continue to serve Stephen F. Austin State University with distinction and honor as dedicated friends; and WHEREAS, in their loyal dedication to Stephen F. Austin State University and their generous spirit of service and standards of excellence, they have set a distinguished example for others; NOW, THEREFORE, LET IT BE RESOLVED, that the Board of Regents expresses its admiration, gratitude and high regard for Ed and Gwen Cole by naming The Art Center @ The Old Opera House located at 329 Main Street, Nacogdoches, Texas, the Ed and Gwen Cole Art Center Valerie E. Ertz, Chair Joe Max Green, Secretary -4- Board Order 08-17 Upon motion of Regent Thompson, seconded by Regent Boyer, with all members voting aye, it was ordered that the following agenda item be approved: NAMING OF ADLAI AND PATRICIA MAST CONFERENCE ROOM The board of regents adopted the appropriate gift agreements to name the second floor conference room in the building known as The Art Center @ The Old Opera House, by which the president is authorized to sign, and the following resolution: -5- RESOLUTION Adopted on April 22, 2008 by the Board of Regents of Stephen F. Austin State University WHEREAS, Patricia and the late Adlai Mast are among the most loyal benefactors and supporters of the arboretum, nursing, art, alumni and athletic programs at Stephen F. Austin State University; and WHEREAS, Adlai served on the Pineywoods Architectural Preservation Foundation Board, which played an integral part in making the gift of the historical Cason Building, the Old Opera House, to be utilized by the Stephen F. Austin State University School of Art; and WHEREAS, Adlai and Patricia Mast, and their children, have faithfully served and continue to serve with distinction and honor as dedicated friends and generous contributors to the programs of Stephen F. Austin State University; and WHEREAS, in their loyal dedication to Stephen F. Austin State University and their generous spirit of service to the Nacogdoches community, they have set a distinguished example for others; NOW, THEREFORE, LET IT BE RESOLVED, that the Board of Regents expresses its admiration, gratitude and high regard for the Mast family by naming the second floor conference room of The Art Center @ The Old Opera House located at 329 Main Street, Nacogdoches, Texas, the Adlai and Patricia Mast Conference Room Valerie E. Ertz, Chair Joe Max Green, Secretary -6- Board Order 08-18 Upon motion by Regent Amaral, seconded by Regent Green, with all members voting aye, it was ordered that the following agenda item be approved: NAMING OF JACK AND DORIS LEDBETTER GALLERY The board of regents adopted the appropriate gift agreements to name the first floor gallery in the building known as The Art Center @ The Old Opera House, by which the president is authorized to sign, and the following resolution: -7- RESOLUTION Adopted on April 22, 2008 by the Board of Regents of Stephen F. Austin State University WHEREAS, Jack and Doris Ledbetter, newcomers to Nacogdoches, have fondly embraced Stephen F. Austin State University and the local community with their devotion and support of art, music and athletic programs; and WHEREAS, they are currently serving as members on the College of Fine Arts Dean's Circle Advisory Board and as Friends of the Arts; and WHEREAS, they have faithfully committed their service to Stephen F. Austin State University with distinction and honor as dedicated friends contributing generously to the programs at the University; and WHEREAS, in their loyal dedication to Stephen F. Austin State University and their generous spirit of service and standards of excellence, they are setting an example for others; NOW, THEREFORE, LET IT BE RESOLVED, that the Board of Regents expresses its admiration, gratitude and high regard for Jack and Doris Ledbetter by naming the first floor gallery of The Art Center @ The Old Opera House located at 329 Main Street, Nacogdoches, Texas, the Jack and Doris Ledbetter Gallery Valerie E. Ertz, Chair Joe Max Green, Secretary -8- Board Order 08-19 Upon motion by Regent Garrett, seconded by Regent Dickerson, with all members voting aye, it was ordered that the following agenda item be approved: NAMING OF FLORENCE WILSON REAVLEY GALLERY The board of regents adopted the appropriate gift agreements to name the second floor gallery in the building known as The Art Center @ The Old Opera House, by which the president is authorized to sign, and the following resolution: -9- RESOLUTION Adopted on April 22, 2008 by the Board of Regents of Stephen F. Austin State University WHEREAS, the Honorable Thomas M. Reavley wishes to honor his late wife, Florence Wilson Reavley; and WHEREAS, Florence Wilson Reavley spent her childhood years in Nacogdoches, attended the Stephen F. Austin Teachers College Demonstration School, was a talented artist, painter, sculptor, and devoted wife and mother; and WHEREAS, the Honorable Thomas M. Reavley, in tribute to Florence Wilson Reavley, has committed support to Stephen F. Austin State University with distinction and respect as a dedicated alumnus and generous contributor thereto; and WHEREAS, in his loyalty to Stephen F. Austin State University, his service to our country and high standards of excellence, he has set a distinguished example for others; NOW, THEREFORE, LET IT BE RESOLVED, that the Board of Regents expresses its admiration, gratitude and high regard for the Honorable Thomas M. Reavley by naming the second floor gallery of The Art Center @ The Old Opera House located at 329 Main Street, Nacogdoches, Texas, the Florence Wilson Reavley Gallery Valerie E. Ertz, Chair Joe Max Green, Secretary -10- APPROVAL OF MINUTES Board Order 08-20 Upon motion by Regent Boyer, seconded by Regent Dickerson, with all members voting aye, it was ordered that the minutes of the January 28 and 29, 2008 regular meeting of the Board of Regents and the February 7, 2008 telephone meeting of the Board of Regents be approved. PERSONNEL Board Order 08-21 Upon motion by Regent Pond, seconded by Regent Garrett, with all members voting aye, it was ordered that the following personnel items be approved: FACULTY APPOINTMENTS FOR 2008-2009 Business Emiliano Giudici, Assistant Professor of Economics and Finance, M.S. (University of Texas - Pan American), at a salary of $102,500 for 100 percent time for nine months, effective September 1, 2008, contingent upon completion of doctorate by May 31, 2009. Education Heather K. Olson Beah Assistant Professor of Secondary Education and Educational Leadership, M.A. (Louisiana State University), at a salary of $49,000 for 100 percent time for nine months, effective May 28, 2008, contingent upon completion of doctorate by May 31, 2008. Fine Arts John S. Cotner, Assistant Professor of Music Theory, Ph.D. (University of Wisconsin), at a salary of $45,000 for 100 percent time for nine months, effective September 1,2008. Liberal And Applied Arts Courtney P. Carney, Assistant Professor of History, Ph.D. (Louisiana State University), at a salary of $45,000 for 100 percent time for nine months, effective September 1,2008. -11- Rhiannon Fante, Assistant Professor of Psychology, M.A. (Western Michigan University), at a salary of $46,000 for 100 percent time for nine months, effective September 1, 2008, contingent upon completion of doctorate by August 31, 2008. Daryl L. Farmer, Assistant Professor of English and Philosophy, Ph.D. (University of Nebraska-Lincoln), at a salary of $45,000 for 100 percent time for nine months, effective September 1, 2008. Patricia Foster, Visiting Instructor of Psychology, M.A. (Stephen F. Austin State University) at a salary of $40,000 for 100 percent time for nine months, effective September 1,2008. Lora L. Jacobi, Assistant Professor of Psychology, Ph.D. (Old Dominion University), at a salary of $46,000 for 100 percent time for nine months, effective September 1,2008. Jennifer K. Luse, Assistant Professor of Government, M.A. (University of Wisconsin), at a salary of $45,000 for 100 percent time for nine months, effective September 1, 2008, contingent upon completion of doctorate by August 25, 2008. Lee Payne, Assistant Professor of Government, M.S. (University of Houston), at a salary of $45,000 for 100 percent time for nine months, effective September 1, 2008, contingent upon completion of doctorate by August 25, 2008. Cindy Pressley, Assistant Professor of Government, J.D. (University of Richmond), at a salary of $45,000 for 100 percent time for nine months, effective September 1, 2008, contingent upon completion of doctorate by August 25, 2008. Mark Emil Sanders, Department Chair and Professor of English and Philosophy, Ph.D. (University of Nebraska-Lincoln and University of Idaho), at a salary of $95,000 for 100 percent time for 12 months, effective July 1, 2008. Jason Tebbe, Assistant Professor of History, Ph.D. (University of Illinois), at a salary of $45,000 for 100 percent time for nine months, effective September 1, 2008 Ronald A. Tumelson II, Assistant Professor of English and Philosophy, Ph.D. (University of Alabama), at a salary of $45,000 for 100 percent time for nine months, effective September 1, 2008. Sciences and Mathematics Sarah C. Canterberry, Assistant Professor of Biology, Ph.D. (Texas A&M University), at a salary of $50,000 for 100 percent time for nine months, effective September 1,2008. -12- Jason Michael Fritzler, Assistant Professor of Biology, B.S. (Texas A&M University), at a salary of $50,000 for 100 percent time for nine months, effective September 1, 2008, contingent upon completion of doctorate by May 31, 2008. Arlen Jeffery, Assistant Professor of Organic Chemistry, Ph.D. (University of Iowa), at a salary of $50,000 for 100 percent time for nine months, effective September 1,2008. Thomas W. Judson, Associate Professor of Mathematics and Statistics, Ph.D. (University of Oregon), at a salary of $60,000 for 100 percent time for nine months, effective September 1, 2008. Jane Holsapple Long, Assistant Professor of Mathematics and Statistics, M.A. (Bryn Mawr College), at a salary of $47,000 for 100 percent time for nine months, effective September 1, 2008, contingent upon completion of doctorate by August 31, 2008. Nicholas E. Long, Assistant Professor of Mathematics and Statistics, B.S. (North Carolina State University), at a salary of $47,000 for 100 percent time for nine months, effective September 1, 2008, contingent upon completion of doctorate by August 31, 2008. Joseph Musser, Assistant Professor of Physics, Ph.D. (Texas A&M University), at a salary of $50,000 for 100 percent time for nine months, effective September 1, 2008. Odutavo Odunuga, Assistant Professor of Biochemistry, Ph.D. (Rhodes University, South Africa), at a salary of $50,000 for 100 percent time for nine months, effective September 1, 2008. Kevin W. Stafford, Assistant Professor of Geology, M.S. (Mississippi State University), at a salary of $55,000 for 100 percent time for nine months, effective September 1, 2008, contingent upon completion of doctorate by August 31, 2008. STAFF APPOINTMENTS FOR 2008-2009 Athletics George H. Van Linder, Head Coach - Soccer, at a salary of $40,903 for 100 percent time for 10.5 months, effective February 25, 2008. Kellian Kaiser Partridge, Assistant Coach - Soccer, at a salary of $30,106 for 100 percent time for 10.5 months, effective March 17, 2008. -13- Controller Dalvce Jean Franks, Accountant III, at a salary of $50,000 for 100 percent time for 12 months, effective January 28, 2008. Cathy M. MekeeL Accountant II, at a salary of $42,000 for 100 percent time for 12 months, effective February 25, 2008. Information Technology Services Allena A. Kendall Programmer Analyst I, at a salary of $32,000 for 100 percent time for 12 months, effective February 18, 2008. George P. McMillan, Programmer Analyst I, at a salary of $32,000 for 100 percent time for 12 months, effective January 14, 2008. Donna K. Mettier, Programmer Analyst II, at a salary of $40,000 for 100 percent time for 12 months, effective January 28, 2008. Instructional Technology William M. Croft, Administrator Instructional Systems, at a salary of $38,007 for 100 percent time for 12 months, effective January 28, 2008. Public Affairs Sarah F. Cutler, Marketing Communications Specialist, at a salary of $36,000 for 100 percent time for 12 months, effective March 24, 2008. Purchasing and Inventory Manuel G. Guerrero, Assistant HUB (Historically Underutilized Business) Coordinator/System Specialist, at a salary of $35,000 for 100 percent time for 12 months, effective February 25, 2008. CHANGES OF STATUS FOR 2008-2009 Academic Affairs Mary Nelle Brunson, from Interim Assistant Provost and Assistant Chair of Elementary Education at a salary of $100,000 for 100 percent time for 12 months, to Associate Vice President for Academic Affairs at a salary of $120,000 for 100 percent time for 12 months, effective June 1, 2008. -14- Alumni Jeff Davis, from Interim Executive Director for Alumni Affairs, at a salary of $80,393 for 100 percent time for 12 months, to Executive Director for Alumni Affairs, at a salary of $90,000 for 100 percent time for 12 months, effective April 22, 2008. Controller Mary Susan Ferris, from Accountant I at a salary of $30,900 for 100 percent time for 12 months, to Accountant III at a salary of $50,000 for 100 percent time for 12 months, effective January 3, 2008. Letitia G. Hamilton, from Accountant II at a salary of $35,000 for 100 percent time for 12 months, to Accountant II, with additional duties and responsibilities assigned, at a salary of $42,000 for 100 percent time for 12 months, effective March 31, 2008. Counseling and Career Services Jennifer L. Davis, from Outreach Coordinator of Career Services at a salary of $30,000 for 100 percent time for 12 months, to Assistant Director of Career Services at a salary of $38,000 for 100 percent time for 12 months, effective February 1,2008. Development Jill Still from Director of Development at a salary of $53,837 for 100 percent time for 12 months, to Executive Director of Development at a salary of $100,000 for 100 percent time for 12 months, effective April 22, 2008. Education Debra A. Brown, from Adjunct Faculty at a salary of $1,128 per month for 100 percent time for two months, to Clinical Instructor of Human Services at an annual salary of $47,000 for 100 percent time for nine months, effective January 14, 2008. Forestry and Agriculture Adam J. Miller, from Casual Employee at a salary of $21.63 per hour for 45 days, to Research Associate, at a salary of $45,000 for 100 percent time for 12 months, effective February 16, 2008. Information Technology Services -15- Arthur C. Humphrey, from Specialist Technical Support II at a salary of $29,000 for 100 percent time for 12 months, to Systems Programmer I at a salary of $40,000 for 100 percent time for 12 months, effective January 14, 2008. Mark R. Ludorf. from Professor of Psychology at a salary of $63,085 for 100 percent time for nine months, to Project Director for Axcess (Banner) at a salary of $50,000 for six months, effective January 1, 2008, with an additional stipend of $5,000 for the Axcess project work completed in Fall 2007. Liberal and Applied Arts Archie McDonald, from Professor of History at a salary of $45,087 for 47 percent time for 10.5 months, to community liaison at a salary of $45,087 for 47 percent time for 10.5 months, effective September 1, 2008. Michael Tkacik, from Associate Professor of Political Science at a salary of $57,500 for 100 percent time for nine months, to Director of School of Honors and Associate Professor of Political Science at a salary of $83,000 for 100 percent time for 12 months, effective September 1, 2008. Sciences and Mathematics Angela K. Distefano, from Graduate Teaching Assistant at a salary of $10,763 for 50 percent time for nine months, to Lab Coordinator - Biology at a salary of $34,257 for 100 percent time for 10 months, effective August 25, 2008. Student Financial Aid Irish N. Beason, from Financial Aid Records Supervisor at a salary of $28,140 for 100 percent time for 12 months, to Financial Aid Officer at a salary of $29,409 for 100 percent time for 12 months, effective March 1, 2008. RETIREMENTS Roy D. Alston, Associate Professor of Mathematics and Statistics, effective May 31,2008. Roy S. Beasley, Dean of the College of Forestry and Agriculture, effective December 31, 2008. George A. Carpenter, Assistant Professor of Education, effective August 30, 2008. Clarke W. Proctor, Professor of Mathematics and Statistics, effective August 31, 2008. -16- Allen M. Richman. Regents Professor of History, Associate Dean of the College of Liberal and Applied Arts, and Director of School of Honors, effective August 31,2008. M. Aileen Smith. Professor of Accounting, effective August 31, 2008. PROMOTIONS The following individuals were granted promotion to the academic rank indicated, effective fall semester, 2008. To Assistant Professor: Dr. Dorothy Gottshall Ms. Linda Bond To Associate Professor: Dr. Robert Crocker Dr. Philip Stetz Dr. Wendy Killam Dr. Carl Pfaffenberg Dr. Scott Whitney Dr. Brian Utley Dr. Theresa Coble Dr. Joyce Johnston Dr. Clint Richardson Elementary Education Communication (contingent upon completion of doctorate by May 31, 2008) Management, Marketing & International Business Management, Marketing & International Business Human Services Human Sciences Human Services Music Forestry Modern Language Mathematics & Statistics Dr. Alexandra Van Kley Biology To Professor: Dr. Wynter Chauvin Dr. Charles Abel Dr. Steve Taafe Dr. Gregory Miller Dr. Dan Bruton To Professor Emeritus: Dr. David Shows Dr. Clarence Bahs Dr. David Creech Dr. Robert Mathis Dr. Thomas Atchison Dr. Ernest Ledger To Librarian IV: Ms. Carol Scamman Elementary Education Government History Mathematics & Statistics Physics Kinesiology Theatre Agriculture History Mathematics & Statistics Geology Library -17- TENURE Academic tenure was awarded to the following individuals, effective fall semester, 2008. Dr. Robert Crocker Management, Marketing & International Business Dr. Philip Stetz Management, Marketing & International Business Dr. Linda Bobo Kinesiology Dr. Wendy Killam Human Services Dr. Jeffrey Gergley Kinesiology Dr. Dorothy Gottshall Elementary Education Dr. Jay Lee Kinesiology Dr. John Leonard Secondary Education Dr. Carl Pfaffenberg Human Sciences Dr. Scott Whitney Human Services Dr. Theresa Coble Forestry Ms. Linda Bond Communication (contingent upon completion of doctorate by May 31, 2008) Dr. Joyce Johnston Modern Language Dr. Clint Richardson Mathematics & Statistics Dr. Alexandra Van Kley Biology FACULTY DEVELOPMENT LEAVE FOR 2008-2009 Faculty members listed below were awarded Faculty Development Leave for the semester indicated. Fall 2008 REGENTS PROFESSORSHIP FOR 2008-2009 Dr. John Moore, Professor of Chemistry, was awarded a Regents Professorship for the academic year 2008-2009. LEAVE OF ABSENCE WITH PAY Dr. Tim Cherry, Professor of Agriculture, was granted leave of absence with pay, effective June 1, 2008 through December 31, 2008. -18- ACADEMIC AND STUDENT AFFAIRS Board Order 08-22 Upon motion by Regent Boyer, seconded by Regent Dickerson, with all members voting aye, the following academic and student affairs items were approved: CURRICULUM CHANGES The board of regents approved the undergraduate and graduate curriculum changes listed in Appendix 1. SMALL-SIZE CLASSES SPRING 2008 The spring 2008 small-size class list in Appendix 2 was approved. APPROVAL OF UNIVERSITY MISSION STATEMENT Approval was given to issue this university mission statement as part of the new Strategic Plan. Stephen F. Austin State University is a comprehensive institution dedicated to excellence in teaching, research, scholarship, creative work, and service. Through the personal attention of our faculty and staff, we engage our students in a learner-centered environment and offer opportunities to prepare for the challenges of living in the global community. NURSING PROGRAM IN RUSK, TEXAS Whereas, the following was considered by the board of regents: In response to a 2007 request from community leaders and officials from Rusk, Texas, the School of Nursing conducted a study on the feasibility of offering the upper two years of our program leading to a Bachelor of Science in Nursing degree and the R.N. in Rusk. It was determined that such a program appeared to be feasible, financially and demographically. Therefore, the administration was authorized to establish a center in Rusk, Texas, for delivery of the program leading to the Bachelor of Science in Nursing and the R.N. The program will begin no later than spring semester, 2009, pursuant to approval of the Texas Higher Education Coordinating Board and the Southern Association of College and Schools - Commission on Colleges. -19- FINANCIAL AFFAIRS Board Order 08-23 Upon motion by Regent Thompson, seconded by Regent White, with all members voting aye, it was ordered that the following item be approved: ADOPTION OF 2008 SUMMER BUDGET Whereas, the following was considered by the board of regents: The fiscal year 2007-08 summer budget contains two regular summer semesters and a new mini-semester. The 2007-08 annual budget includes $4,211,700 that is available to support summer school academic salaries and benefits. An additional $589,079 is added from E&G salary savings within the current FY 08 budget to fund summer school salaries. Additional faculty salaries, professional salaries, student wages and benefits totaling $54,413 are supported from budgeted designated funds. Summer salaries and benefits of $199,241 are funded from restricted contract and grant funds. Therefore, the 2007-08 summer budget totaling $5,054,433 was approved. Board Order 08-24 Upon motion by Regent Thompson, seconded by Regent Thompson, seconded by Regent Dickerson, with all members voting aye, it was ordered that the following item be approved: PROPERTY, BOILER & MACHINERY, AND INLAND MARINE INSURANCE Whereas, the following was considered by the board of regents: Pursuant to state of Texas requirements, the university utilizes the Statewide Property Insurance Program provided by the State Office of Risk Management (SORM) for property, boiler and machinery, and inland marine insurance. The Statewide Property Insurance Program's insurance agent is Wachovia Insurance Services with AIG as the insurer. The insurance policy period extends from May 1st through April 30th of each year. The university's current insurance contract with SORM began October 1, 2007 and ends April 30, 2008. The State Office of Risk Management is currently negotiating rates with insurance carriers. The annual policy is expected to cost no more than $350,000. Therefore, the university was authorized to continue coverage under the Statewide Property Insurance program through the State Office of Risk Management (SORM). The new policy period will extend from May 1, 2008 through April 30, 2009. The president was authorized to sign the contract. Board Order 08-25 Upon motion by Regent Thompson, seconded by Regent Garrett, with all members voting aye, the following item was approved: -20- WAIVER OF STUDENT RECREATION CENTER FEE AND STUDENT CENTER FEE FOR ONLINE STUDENTS Whereas, the board of regents considered the following: there are a number of SFA students who enroll only in online courses. Many of the students are geographically dispersed and pursue specific degree programs that can be completed online. The Texas Education Code 54.218 authorizes an institution to waive fees for students who enroll in distance learning courses only. Therefore, it was ordered that the university waive the recreation center and student center fees for students who enroll only in online courses. The waiver will become effective with summer 2008 enrollment. Board Order 08-26 Upon motion by Regent Garrett, seconded by Regent White, with Regents Amaral, Dickerson, Ertz, Garrett, Green, Pond, Thompson, and White voting aye, Regent Boyer voting nay, it was ordered that the following item be approved: DESIGNATED TUITION SEMESTER CREDIT HOUR FEE INCREASE Whereas, the board considered the following: Stephen F. Austin State University currently assesses $97 per semester credit hour in designated tuition. Designated tuition costs to a student do not increase beyond a 16 semester credit hour load. Therefore, it was approved that designated tuition be increased to $106 per semester credit hour for fiscal year 2008-09. Board Order 08-27 Upon motion by Regent Thompson, seconded by Regent White, with all members voting aye, it was ordered that the following item be approved: STATUTORY CHANGES TO THE GENERAL PROPERTY DEPOSIT Whereas, the board considered the following: Currently, each student enrolled in the university must make a general property deposit of $10 to cover property loss or damage. This deposit, net of any amount owed the university, is returned to the student at the student's request upon withdrawal or graduation. Any deposit that remains without a refund request for a period of four years from the date of last attendance is forfeited and transferred to a property deposit scholarship account. Pursuant to Texas Education Code 54.502, an institution may collect an amount not to exceed $100 to cover property losses and damage. An institution is also allowed to apply the deposit to any amount a student owes the institution. Therefore, the board of regents approved a name change from General Property Deposit to General Deposit. The deposit amount was increased to $100 for new students, -21- beginning with fall 2008 registration. Previously enrolled students who have a break in enrollment of one academic year will also be responsible for the $100 deposit. Within 180 days of student graduation or withdrawal, the university will refund the deposit. A student who does not graduate or officially withdraw from the university is eligible for a refund if it is requested within four years of the last date of attendance. All general deposit funds will be net of any amount owed the university. Any general deposit balance that remains after four years will be forfeited and transferred to a general deposit fund scholarship account. Board Order 08-28 Upon motion by Regent White, seconded by Regent Garrett, with Regents Boyer, Dickerson, Ertz, Garrett, Green, Pond, Thompson, and White voting aye, Regent Amaral voting nay, it was ordered that the following item be approved: APPROVAL OF COURSE FEES AND OTHER FEES FOR FALL 2008 Whereas, the board of regents considered the following: Course fees provide instructional departments with funds to support the actual cost of consumable supplies, service, and travel related to specific courses. Course fees are allocated to instructional departments for expenditure within the academic year for which they are collected. Therefore, the board of regents adopted the schedule of course fees and other fees (additions and changes) for the 2008-2009 academic year shown in Appendix 3. This amended 2008-2009 fee schedule will be effective with registration for the fall 2008 semester. Board Order 08-29 Upon motion by Regent Thompson, seconded by Regent Garrett, with all members voting aye, it was ordered that the following item be approved: ROOM AND BOARD RATES FOR 2008-2009 Whereas, the board of regents considered the following: Projected housing and food service operating costs support the need to increase the room and board rates for the 2008-2009 academic year. The revised rates, as presented in Appendix 4 will become effective in the fall semester 2008. Therefore, the board of regents approved a 2.7% increase in room and board rates for FY2008-2009 in accordance with the schedule presented in Appendix 4. Board Order 08-30 Upon motion by Regent Thompson, seconded by Regent White, with all members voting aye, it was ordered that the following item be approved: ARAMARK FY2009 RATE AND CONTRACT ADDENDUM -22- Whereas, the following was considered by the board of regents: The contract between the university and ARAMARK requires that the two parties annually negotiate a rate for the provision of food service under the contract for the next fiscal year. Pursuant to the provisions within the contract the administration and ARAMARK have negotiated a rate increase of 4% for the provision of food service during the 2009 fiscal year. Our contract uses the percentage increase in the Food and Beverage element of the Consumer Price Index published by the Bureau of Labor Statistics, U. S. Department of Labor, for urban consumers ("CPI-U") in the South as a benchmark for the rate increase considered. This CPI element was 4.7% for last year; however, the administration negotiated an increase of 4%. In addition, students have requested a program that would allow them to optionally add to the Dining Dollars feature of their meal plan during the term of their plan. The administration has negotiated with ARAMARK to add a provision to our contract allowing students to optionally purchase additions to their Dining Dollars feature at a discounted rate during the term of their plan. Therefore, the board of regents approved the 4% negotiated rate increase to ARAMARK for the provision of food service during the FY2009 year, along with the contract addendum providing optional purchase of additional Dining Dollars. The president was authorized to sign the contract addendum. UNIVERSITY POLICIES AND PROCEDURES Board Order 08-31 Upon motion by Regent Garrett, seconded by Regent Dickerson, with all members voting aye, the board of regents adopted the policy revisions as presented in Appendix 5, with the exception of the proposed revision to Tenure (E-50A), which was tabled for consideration at a future meeting. REPORTS The president offered a report on the following topics: SFA: the Yale of College of Cheerleading May 9 Called Board Meeting Art Center Naming Ceremony May 10 Commencement August 9 Commencement The president acknowledged Kent Willis, SGA president; Stephanie Tracy, outgoing student regent; and Valerie Ertz, outgoing board chair. The director of audit services presented a report on the annual audit plan, including the following topics: Payroll Audit SAO Report 08-35 Course and Incidental Fee Audit Follow up -23- The chair of the faculty senate presented a set of handmade books being donated to Steen Library in honor of the president and the board of regents. The president of student government offered a report on his year of service and expectation for his second term, acknowledging the board for their conscientious approach to issues affecting students. REPORT FROM BOARD NOMINATING COMMITTEE AND ELECTION OF OFFICERS Melvin White, chair of the Nominating Committee, reported from the committee that it offered the following slate of board officers for 2008-09: Joe Max Green, Chair James Thompson, Vice Chair Melvin White, Secretary There were no nominations from the floor. Board Order 08-32 Upon motion by Regent White, seconded by Regent Amaral, with all members voting aye, the slate was elected. Vice Chair James Thompson and newly-elected Chair Joe Max Green, on behalf of the board, acknowledged the leadership and service of Valerie Ertz, board chair for the past two years. Chair Green adjourned the meeting at 11:15 a.m. -24- Appendix 1 Undergraduate New Course Proposals Page 1: New Appendix 1 Page 2: New Appendix 1 Page 3: New Appendix 1 Page 4: New Appendix 1 Undergraduate Course Change Proposals Page 1: Changes Appendix 1 Page 2: Changes Appendix 1 Undergraduate Course Deletions Page 1: Deletions Appendix 1 Page 1: Programs Appendix 1 GRADUATE COURSE PROPOSALS, CHANGES & DELETIONS SPRING 2008 Page 1: Graduate Appendix 1 Page 2: Graduate Appendix 2 Texas Higher Education Coordinating Board Rules Currently in Effect (9-2006) Chapter 5. Rules Applying to Public Universities and/or Health-Related Institutions of Higher Education in Texas Subchapter B. Role and Mission, Tables of Programs, Course Inventory §5.23 Definitions §5.23.5 Organized classes-Classes whose primary mode of Instruction is lecture, laboratory, or seminar. §5.23.8 Small dasses-Undergraduate level classes with less than 10 registrations, and graduate level classes with less than five registrations. §5.26 Offering of Small Classes by Public Universities In accordance with Texas Education Code, §51.403(d), public universities may offer organized small classes which: §51.403(d.l) have been approved by the governing board of the university; §51.403(4.2) Is a required course for graduation (the course Is not offered each semester or term, and, If canceled, may affect the date of graduation of those enrolled); §51.403(d.3) is a required course for majors in this field and should be completed this semester (or term) to keep proper sequence In courses; §51.403(d.4) is a course In a newly established degree program, concentration, or support area; §51.403(d.5) is part of an interdepartmental (cross-listed) course taught as a single class by the same faculty at the same station, provided that the combined enrollments do not constitute a small class; §51.403(d.6) is a first-time offering of the course; §51.403(d.7) is class size-limited by accreditation or state licensing standards; §51.403(d.8) Is class size-limited by availability of laboratory or clinical facilities; or §51.403(4.9) Is voluntarily offered by a faculty member In excess of the Institutional teaching load requirement and for which the faculty member receives no additional compensation. Source Note: The provisions of this §5.26 adopted to be effective May 28, 2003, 28 Tex Reg 4124 Pagel Appendix 2 SMALL CLASSES Spring 2008 Total Estimated Credit Houre In Small Classes Total Estimated SFA Credit Houre Spring 2008 EsUmated Small Class Credit Houre as a Percentage of SFA Total Credit Houre 558 131,598 .42% Date: _ Approval:. Page 2 Appendix 3 PROPOSED COURSE FEES FOR FY09 Pagel Appendix 3 PROPOSED LAB FEE CHANGES FOR FY09 Page 2 Appendix 4 Stephen F. Austin State University Room and Board Rates for 2008-2009 Residence Hall Summer Semesters w/7 Day w/7 Day 14 Meals 20 Meals 5 Wisely Hall 7 ToddHall 9 North Hall 10 Hall 10 11 Mays Hall 12 South Hall 14 Hall 14 15 Griffith Hall 16 Hall 16 17SteenHall 18KerrHall 20 Hall 20 Lodge 4br Lodge 2br Village A Rates above include sales tax for Board Apartments Number $455 $606 Rent Garner Apts. 9 mo contract Garner Apts. 12 mo contract 1-134 $2,614 per semester 1-134 $3,485 per semester ■ Includes Utilities, Cable Television and Telephone Appendix 5 Policies for Board Review April 22,2008 p-l Appendix 5 P-2 Appendix 5 Academic Probation, Suspension and Reinstatement for Undergraduates (A-3) Original Implementation: January 30, 1981 Last Revision: Octobor 30, 2001April 22, 2008 Good Standing A student must maintain a minimum cumulative grade point average of 2.0 in order to remain in good academic standing at the university. Probation A student is placed on academic probation after the first regular semester in which the cumulative grade point average (G.P.A.) fails to meet the minimum of 2.0 standard. Probation students whose semester grade point average is 2.0 or higher in a given semester will be allowed to continue on academic probation placed on "extended academic probation" until the cumulative grade point average is 2.0 or higher. Academic probation will continue until the student achieves good standing or is suspended from the university. Academic probation students whose semester grade point average for a given semester falls below the minimum 2.0 G.P.A. standard are placed on suspension. Suspension A student is placed on academic suspension after a regular semester that immediately follows a semester of probation if the student's semester grade point average falls below 2.0. Reinstatement A student on academic suspension may be allowed to continue in the university through any of the following procedures: 1. Following the student's first suspension, attend summer school at Stephen F. Austin State University and: a. Raise his/her grade point average to the minimum university standard as specified in the General Bulletin, or b. Pass with a C average or better at least 9 semester credit hours as specified by his/her dean. 2. Following the student's first suspension be reinstated on probation automatically after one regular semester's absence from the university. Following the student's second or subsequent suspension, be reinstated on probation automatically after an absence from the university of two regular semesters. Summer terms are exempted from periods of academic suspension. 3. Follow procedures established by his/her dean. Change of Major P-3 Appendix 5 Students on academic probation, oxtondod academic probation, or students returning after serving a suspension may change majors upon approval from their current and receiving deans. Cross Reference: General Bulletin, Faculty Handbook, Student Handbook and Activities Calendar Responsible for Implementation: Provost and Vice President for Academic Affairs Contact for Revision: Provost and Vice President for Academic Affairs Forms: None P-4 Appendix 5 Animals on University Property (D-3) Original Implementation: Unpublished Last Revision: April 21, 2007April 22, 2008 Service animals are welcome in all buildings on campus and may attend any class, meeting, or other event. Reasonable behavior is expected from the animals while on campus. If the animal exhibits unacceptable behavior, the handler is expected to employ the proper training techniques to correct the situation. Consideration of others must be taken into account when providing maintenance and hygiene of service animals. Additionally, specific guidelines have been established concerning service animals living in a campus residency environment. Definitions: 1. Handler: Is a person with a disability using a service animal. 2. Service Animal: Is an animal specially trained to assist a person with a disability and: ■ is used by a person with a disability who has completed a training program, and ■ animal has been trained by an organization recognized by rehabilitation agencies as qualified. Service animals may include: ■ guide dogs, ■ hearing dogs, ■ attendant animals, or ■ seizure response animals. The animal must have had specific training to work the handler's disability. 3. Pet: A domestic animal housed for sport, companionship, or other non-service functions. Pets are not allowed within university facilities. An exception would be small birds in cages and fish in a 10 gallon or less aquarium. 4. Unauthorized Animal: A pet or any animal that is neither a service animal, nor that is on campus for the specified limited use of classroom education or research. Faculty, Staff, and Student Responsibility P-5 Appendix 5 ■ Permit service animals to accompany the handler to all areas of the facility were the handler is normally allowed to go. A handler may not be segregated from other similar members of the campus community, except where there is real danger to the animal or where the natural organisms carried by the service animal would adversely affect research. Exceptions to the exclusions will be reviewed on a case-by-case basis. ■ Do not pet, feed, or deliberately startle/disturb a service animal. ■ Do not separate, or attempt to separate, service animals from their handlers. ■ Provide handlers living in campus housing with an area for relieving and grooming the animals. Documentation and Animal Owner's Responsibility ■ For classroom or campus housing settings, handlers must provide appropriate documentation of a disability to either the department of housing or disability services. Documentation for use of services animals should include diagnosis, need for service animal, and how the service animal specifically meets the needs of the handler's disability. ■ The animal must have specific training to work the handler's disability. ■ Handlers must abide by all state laws, Nacogdoches city ordinances, and SFA guidelines related to animals in the city of Nacogdoches, including: ■ All animals in the city must have a valid license and tag issued by the city of Nacogdoches. The license and tag must be renewed annually. ■ The handler is required to provide a collar or harness for the license and vaccination tags to be affixed. Handler shall see that the animal wears the collar and tags at all times. ■ Handler is liable for damages done by service animal. ■ Handler must have full control of the animal at all times. Animals are expected not to run at large, a leash or harness is required unless it restricts the service animal's ability to function appropriately. ■ Observe housing and food service establishment guidelines. ■ Animal's Heath/Cleanliness: All service animals must have an annual clean bill of health from a licensed veterinarian. Also, cleanliness is mandatory in the campus situation. ■ Vaccination must be current, and based on the veterinarian's recommendations. ■ Daily grooming and occasional baths (at a vet or a family home) should keep the service animal's odor to a minimum. ■ Flea control is essential, and adequate preventative measures must be taken. If a flea problem develops, it should be dealt with immediately and in an effective manner. In the event a flea problem is not eliminated by the handler, the housing department will exterminate the property and assess the student the standard extermination fee. Housing and Food Service Guidelines: P-6 Appendix 5 ■ Service animals will always be kept under control; and will always be on a leash except in the student's room with the door closed or unless it restricts the service animal's ability to function appropriately. ■ Disturbing animal vocalization will be kept to an absolute minimum. ■ Handlers must relieve animals in designated locations. ■ Animal food should be kept in a covered storage container to deter pests. ■ Animal's paws must be kept off tables, trays and food service counters at all times. Unauthorized Animals: The University Police Department should be notified of any unauthorized animal discovered on, or in, university property. Upon receipt of a report, an officer will be dispatched to take appropriate action. Occupants of university housing are not permitted to keep pets except small birds in cages and small fish in aquariums. For specific information regarding accessibility, refer to Policy F-16, Accessibility for Persons with Disabilities. For specific information regarding resolution of disagreements, refer to Policy F-34, Appeal Procedure Relating to the Provision of Accommodations for Students with Disabilities. Issues related to Discrimination or Harassment refer to Policy E-46, Discrimination Complaints/ Sexual Harassment. Inquiries and Appeals: Questions and concerns regarding the use of service animals on university property should be directed to the ADA Coordinator who serves as an advisor for procedures and access to programs and services. Cross Reference: Accessibility for Persons with Disabilities F-16, Appeal Procedure Relating to the Provision of Accommodations for Students with Disabilities F-34, Discrimination Complaints/ Sexual Harassment E-46. Responsible for Implementation: Vice President for University Affairs Contact For Revision: Chief of University Police and Director of Disability Services Forms: None P-7 Appendix 5 Assessment of Institutional Effectiveness (D-50) Original Implementation: Unpublished Last Revision: April 28, 2005April 22, 2008 It is the policy of Stephen F. Austin State University te-w/// demonstrate institutional effectiveness through engage in systematicoflgamg, integrated, and institution-wide, research-based broad based, interrelated, and appropriate planning fef-and evaluation. The institutional effectiveness process will document the achievement of the university mission and goals. Eachof its educational activities program and of its administrative and educational support service unit s. Annually, each unit of the institution will electronically submit twe-institutional effectiveness documents as scheduled. The institutional effectiveness documents will identify expected outcomes, report outcomes assessments and indicate how assessment results will be used to improve the unit or program. 1 .A plan for the year to come specifying the unit's goals and objectives for that year, and describing how achievement of objectives is to be measured or assessed. The goals of the unit must be consistent with the University's mission and with the unit's own mission. 2. A report covering the preceding year specifying the results of assessment of the unit's stated objectives for that year and detailing what changes and improvements have resulted from that assessment activity. 3.The institutional effectiveness documents should be sent to the appropriate Vice President/Provost or President. Each unit will forward final electronic copies to the Office of Institutional Research. The format of these documents may be determined by accreditation requirements. Source of Authority: President Cross Reference: None Responsible for Implementation: President Contact for Revision: President Forms: None P-8 Appendix 5 At-Will Employment (E-66) Original Implementation: July 15, 2003 Last Revision: January \9,2006April 22, 2008 The following non-classified, academic and non-academic employees serve at the discretion of the university and are considered at-will employees, whose employment may be terminated with or without cause at any time by the university or the employee. ■ All positions reporting to the Board of Regents including but not limited to the President, General Counsel, and Director of Audit Services ■ All Vice Presidents/Provost including Associate Vice Presidents/Associate Provost ■ All Deans including Associate Deans ■ All Directors ■ All Department Heads and Chairs ■ All Coaches a All Charter School Teachers Any appointment included in this list which is filled by a tenured employee will not affect the employee's tenure status. Tenured employees removed from administrative assignments under this policy may be reassigned to a faculty position. The university may choose to reassign an at-will employee under this policy, but such reassignment is not guaranteed. Additionally, the university will endeavor to give a terminated employee under this policy a 30-day notice, although notice is not required. Any decision to terminate an at-will employee must be reviewed by the general counsel and/or director of human resources for legal considerations. Termination of at-will employees below the vice president level must be approved by the appropriate vice president and reported to the president and board of regents. The board of regents must approve termination of at-will employees at the vice president level or above. All such employees will be given an opportunity to resign in lieu of at-will termination, unless the termination is clearly for cause. The terms of resignation must be approved by the same process outlined for termination above, including legal review by the general counsel and/or director of human resources. In regards to this policy, and the employee's completion of the 180-day probationary period, there is no contradiction. The 180-day probationary period is the designated time frame for the new employee to demonstrate their capability to perform their job tasks in a satisfactory manner. The completion of this evaluation period does not convey a permanent status to employees listed in this policy, and it does not negate the at-will status for either employee or employer. P-9 Appendix 5 Any agreements that in any way modify this policy must be made in writing and must contain the signature of the president, appropriate vice president, and the university board of regents. Source of Authority: Board of Regents Cross Reference: None Responsible for Implementation: President Contact For Revision: General Counsel Forms: None P-10 Appendix 5 Central Receiving (F-6) Original Implementation: Unpublished Last Revision: April 28, 2005April 22, 2008 All supplies and equipment purchased for the university are to be delivered through Central Receiving to ensure uniform handling of freight claims, accurate entry of receiving information, and necessary elements of institutional control. The following purchases are excluded from this requirement. 1. items being delivered under delegated purchase authority to the Library, Stone Fort Museum, or departments using LPAs, P-feCards or Phone POs; 2. items whichthat require installation by the contractor; 3. items specifically authorized by the Purchasing and Inventory Department. It is the responsibility of the department taking receipt of goods or services to immediately update on-line receiving of any direct deliveries of goods or services. Timely entry of receiving information is essential to avoid late payment penalties, and to effectively handle freight claims, shortages, or discrepancies. Vehicle Delivery 1. All vehicles delivered to Central Receiving will be checked for meeting specifications, and delivered to the Transportation Manager for identification as a state vehicle and recording State Vehicle Fleet Management Plan information. 2. All vehicles picked up from the dealer (usually long-term leased or lease-purchased vehicles) must be delivered immediately upon pick-up to the Transportation Manager for identification as a state vehicle and recording State Vehicle Fleet Management Plan information. Vehicle pick-up may be completed by the end user or by the Transportation Department. Other Delivery Services Upon receipt of goods, Central Receiving will: 1. count and examine all cartons for visible damage, create a Receiving Report/Delivery Record in the FRS Purchasing System, and note any discrepancies on the Bill of Lading; 2. deliver all material (except that requiring inventory tagging, special equipment or manpower for moving) within 24-48 hours to the requisitioning department; 3. handle the filing of claims with the freight company for any freight damages or shortages; and P-ll Appendix 5 4. affix property inventory tags whe^z/needed. Upon receipt of goods from Central Receiving, the Department will: 1. check contents of shipment against original purchase order; and enter line item receiving information into the FRS Purchasing System. 2. notify Purchasing within three working days of any damages or shortages that could not identified by Central Receiving. Upon receipt of goods or services directly from the Vendor, the Department will: 1. count and examine all cartons for visible damage and note any discrepancies on the Bill of Lading 2. check contents of shipment against original purchase order and enter line item receiving information into the FRS Purchasing System. 3. notify Purchasing within three working days of any damages or shortages Failure to promptly update on-line receiving information or notify Purchasing of damages or shortages may result in delays in 1) the inability to return goods, 2) higher restocking fees, or 3) payment for the goods or services and a liability for late payment penalties. The payment of any such penalties will be made from the account(s) that funded the original purchase. Outgoing Freight Outgoing freight should be dispatched through Central Receiving to ensure proper documentation, packing, and labeling. Clear indication of shipment value should always be made on the package or on the accompanying documentation. A special notation should be made when insurance is desired. Contact Central Receiving for additional instructions or assistance in handling outgoing freight. Source Of Authority: Vice President for Business Affairs Cross Reference: None Responsible for Implementation: Vice President for Finance and Administration Contact for Revision: Director of Purchasing and Inventory Forms: None P-12 Appendix 5 Certificate Programs (A-69) NEW Original Implementation: April 22, 2008 Last Revision: None The purpose for offering an undergraduate or graduate certificate program is to meet the supplemental education needs of professionals. As jobs and job-related responsibilities change, individuals often need additional training. Providing certificates for workforce development and job enhancement is a high priority for the Texas Higher Education Coordinating Board. A certificate program is a set of courses that provides in-depth knowledge and skill development in a content or professional area. The content contained in a set of courses for a certificate program should provide a coherent knowledge and skill base. Selected courses may come from one or more academic areas. A set of courses for a certificate program may be practice/skill oriented or academic in nature. Process for Developing an Undergraduate or Graduate Certificate 1. Faculty members recognize a need for an undergraduate or graduate certificate program. They document the need and prepare an application. 2. The department, through its curriculum process, approves the application. 3. The department sends the certificate program application to the college for its review and approval-adhering to the curriculum approval process established in the college. 4. If approved at the college level, the certificate application is forwarded to either the Undergraduate Curriculum Committee or the Graduate Council for consideration. If approved the certificate program is presented to the Dean's Council for its approval and to the Provost and Vice President for Academic Affairs. Texas Higher Education Coordinating Board (THECB) Approval Certificate programs that do not require THECB approval or notification are: 1) Those certificate programs for which no collegiate academic credit is given. 2) Certificate programs (A) at the undergraduate level of 20 semester credit hours or less, and (B) at the graduate and professional level of 15 semester credit hours or less. Certificate programs that require THECB Board notification and are automatically approved, subject to review are 1) upper-level undergraduate certificates of 21-36 hours in disciplinary areas where the institution already offers an undergraduate degree program. 2) graduate-level and professional certificates of 16 - 29 hours in disciplinary areas where the institution already offers a graduate program at the same level as the certificate. P-13 Appendix 5 Responsibility for Certificate Programs It is the responsibility of the academic unit offering certificate programs to establish a process for awarding and tracking certificates. Certificate records must be kept indefinitely within the academic unit. Cross Reference: Chapter 5. Rules Applying to Public Universities and/or Health- Related Institutions of Higher Education in Texas, §5.48 Criteria for Certificate Programs at Universities and Health-Related Institutions. Responsible for Implementation: Provost and Vice President for Academic Affairs Contact for Revision: Provost and Vice President for Academic Affairs Forms: None P-14 Appendix 5 Course Incidental Fees (A-12.1) Original Implementation: April 30, 2001 Last Revision: January \9,2006April 22, 2008 Each course other than a laboratory class that is offered by the university may charge a course incidental fee. The course incidental fee charged must reasonably reflect the actual cost to the university of the materials and services for which the fee is collected. These funds will be used to cover the cost of materials, supplies, and/or services which result in a direct educational benefit in the classroom, including such things as guest lecturers or travel expenses to off-campus locations. Laboratory classes charge a fee for the purpose of providing materials and supplies in the laboratory (See Policy A-24, Laboratory Fees); therefore, the course incidental fee will not be charged for a laboratory class. Course incidental fees recommended by the department chair/director must be approved by the dean of the college and the provost and vice president for academic affairs. New and changed fees will be reviewed and approved annually by the Board of Regents.^// fees will be reviewed annually at the department level for appropriateness and accuracy. New and changed fees will be submitted to the board of regents for approval All course incidental fees will be published in the appropriate media and will be collected by the controller's office through student billings. Source of Authority: Texas Education Code, Soc. 51.501 and 51.501, VTCA, Board of Regents, President, Provost and Vice President for Academic Affairs Cross Reference: Texas Education Code, Section 54.504, VTCA Responsible for Implementation: Provost and Vice President for Academic Affairs Contact for Revision: Provost and Vice President for Academic Affairs Forms: Lab and Course Incidental Fee P-15 Appendix 5 Digital Millenium Copyright (D-42) Original Implementation: July 27, 1999 Last Revision: April 28, 2005April 22, 2008 1. Summary The Digital Millennium Copyright Act (DMCA) creates a liability limitation for Internet service providers (ISP) for certain copyright infringements created on-line. The university serves as an ISP for faculty, staff, and students. The DMCA establishes procedures whereby, upon receipt of proper complaints, the university will block access to or take down allegedly infringing material and notify the web page owner of the complaint. The alleged infringer may issue a properly executed counter-notice, upon receipt of which, the university shall re-post the material in 10- 14 days (unless there is court action), and immediately forward such counter-notice to the original complainant. Repeat infringers will be subject to termination of Internet service by the university. It is the policy of the university to comply with these safe haven procedures created by the DMCA. 2. Registered Agent The university General Counsel shall be designated as the registered agent for receipt of DMCA complaints. The complaint resolution team may include the following positions: Manager of Systems, Assistant Systems Manager, Library Director, Associate Library Director for Information Service, University Webmaster, Judicial Officer, Director of Student Activities, and General Counsel. Upon receipt of a DMCA complaint, relevant team members shall be responsible for assessing the complaint and determining the exact location of the alleged infringing material. Assessing the complaint would include a determination of whether the complaint contains all necessary elements, and whether the complaint involves the University in its role as an ISP or the university (and its employees) acting as a content provider. If the complaint is deficient, a notice of deficiency shall be returned to the complainant with a courtesy copy forwarded to the alleged infringer. No complaint will be deemed official, requiring take down procedures, unless all elements of a proper complaint are included. 3. Official Complaints The following elements are required for DMCA complaints: P-16 Appendix 5 1. Must be signed or contain a digital signature by the owner of the copyright or the authorized agent. 2. Description of works claimed to be infringed. 3. Description of location for alleged infringing works. 4. Sufficient information to contact the complainer. 5. Statement of good faith belief that the use is not authorized by the owner/agent. 6. Statement that the information in the notice is accurate and, under penalty of perjury, the complainer is authorized to act on behalf of the owner. 4. University as Content Provider If a determination is made that the DMCA complaint involves the university as a content provider and not an ISP, then careful consideration will be given to fair use exemptions under the copyright act. Appropriate university officials will be notified to handle the matter in a way similar to the way any claim of copyright infringement is handled. 5. Faculty/Graduate Students The DMCA specifically defines when faculty or graduate students alleged infringement on-line is or is not attributable to the institution as a content provider. Infringing activities shall not be attributed to the institution if: 1. Such faculty members' or graduate students' infringing activities do not involve the provision of on-line access to instructional materials that are or were required or recommended, within the preceding three-year period, for a course taught at the institution by such faculty member or graduate student; 2. The institution has not, within the preceding three-year period, received more than two official DMCA complaints about the alleged infringer; and 3. The institution provides to all users of its system or network informational or network informational materials that accurately describe, and promote compliance with, the laws of the U.S. relating to copyright. See University Policy on Copyrighted Works Reproduction A-12. 6. Take Down Procedures If the university is acting as an ISP, take down procedures will be automatically initiated once an official complaint is received. The complaint resolution team will notify the person responsible for the server to specifically locate the alleged infringing materials. The dean or director for the area involved will also be immediately notified of the official complaint. The dean or director shall P-17 Appendix 5 immediately confer with the alleged infringer and attempt the secure a voluntary take down of the alleged infringing material. Such voluntary take down must be confirmed by the dean or director. If these procedures cannot be completed within a reasonably quick time or voluntary take down cannot be secured, then the dean or director shall immediately coordinate with the person responsible for the server to take down the alleged infringing materials. The General Counsel should be notified when the alleged infringing materials have been removed. 7. Counter-Notices If the alleged infringer believes the official complaint is in error or that the complainant is not the official copyright holder or agent, he or she can submit a counter-notice containing the following elements: 1. Must contain a physical or electronic signature of the alleged infringer; 2. Identification of the removed material and the location at which it appeared; 3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed because of mistake or misidentification; and 4. The alleged infringer's name, address, telephone number, consent to the jurisdiction of the Federal Court in which their address is located, and that they will accept service of process from the official complainant. Upon receipt of the counter-notice, the university shall immediately forward it to the official complainant with an explanation that the university shall restore access to the materials at issue within 10-14 days, unless notice is received that court action is pending. 8. Repeat Infringers The university may terminate Internet service to repeat infringers who receive more than two complaints in a three-year period. Repeat infringement shall constitute misuse of university computers and network systems under Policy D-8.1, Computer and Network Security. Sanctions procedures under that policy will be followed. Source of Authority; Digital Millennium Copyright Act, Pub.L.No. 105 301, 112 Stat. 2860 (October 28, 1998), 17 U.S.C 101 Note P-18 Appendix 5 Cross Reference: Digital Millennium Copyright Act, Pub.LNo. 105-304, 112 Stat. 2860 (October 28, 1998); 17 U.S.C 101 Note; University Policies, Policy A-l 2, Copyrighted Works Reproduction-A-43;? Policy D-8.1, Computer and Network Security-B-&74- Responsible for Implementation: General Counsel Contact for Revision: General Counsel Forms: Official Complaint Notice (Form available from General Counsel.) None. P-19 Appendix 5 Discrimination Complaints/Sexual Harassment (E-46) Original Implementation: September 1990/February 2, 1982 Last Revision: July 10, 2001 April 22, 2008 1. Purpose: To provide a working environment of nondiscrimination, equal employment opportunity, affirmative action, protection from retaliation for members of classes protected by law, and to comply with federal and state equal opportunity employment regulations. 2. Non-discrimination Policy: It is the policy of Stephen F. Austin State University not to discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin, disability, or disabled veteran status. Unlawful discrimination based on sex includes discrimination defined as sexual harassment. Stephen F. Austin State University is committed to the principles of Equal Employment Opportunity (EEO) law. An employee who violates this policy is subject to disciplinary action up to and including termination. A supervisor or employee commits unlawful employment practice if the supervisor or employee retaliates or discriminates against a person, who (a) opposes a discriminatory practice, (b) makes or files a complaint alleging employment discrimination, (c) or testifies, assists or participates in any manner in an investigation, proceeding or hearing. Any employee who retaliates against another employee who opposes alleged employment discrimination violates the university's policies and procedures and may be subject to disciplinary action up to and including termination. This policy applies to student complaints that might involve peer to peer discrimination/harassment and also student employment discrimination/harassment. The president or designee will be responsible for overseeing the Discrimination Complaint/Sexual Harassment Policy and procedures and for ensuring compliance with EEO laws. All employment decisions will be based on objective, job related, and measurable criteria that can be consistently applied. Human resources or designee will review all employment actions and decisions, to include, but not limited to, recruitment, selection, promotion, assignment, training, evaluations, discipline, restructuring, workplace accommodations, and compensation to ensure consistency of application. Human resources or designee will annually review all personnel policies and procedures to ensure compliance with EEO laws and present any recommendations for updating to the president. All employment related documents will be maintained in accordance with the university's Texas State Record Retention Schedule. 3. Definitions: P-20 Appendix 5 1. Unlawful Discrimination: Based upon a variety of statutes, both on the federal and state levels, unlawful discrimination may affect terms and conditions of the employment or the educational setting and is based upon race, color, religion, sex, age, national origin, disability, or disabled veteran status. Applicable statutes include: Title VII of the Civil Rights Act of 1964, Civil Rights Act of 1991, Title IX of the Education Amendments of 1972, Age Discrimination in Employment Act, Americans with Disabilities Act, Section 504 of the Rehabilitation Act, Equal Pay Act, Immigration Reform and Control Act of 1986, and Article 5221k, V.T.C.STexas Labor Code 21.001, et seq. The totality of the facts and circumstances will have a bearing on whether unlawful discrimination has occurred. 2. Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, even if carried out under the guise of humor, constitute sexual harassment when: 3. Submission to or tolerance of such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education; or 4. Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions (including admissions and hiring) affecting that individual; or 5. Such conduct has the purpose or effect of substantially interfering with an individual's academic or professional performance or creating an intimidating, hostile or offensive employment, educational or living environment The university will not tolerate sexual harassment of any employee or student by another employee, supervisor, or other person with whom an employee or student may have contact with as part of his or her duties. The totality of facts and circumstances in any given situation will have a bearing upon whether unlawful discrimination or sexual harassment has occurred. 4. Required Equal Employment Opportunity (EEO) Training: The university is required by the Texas Labor Code 21.010 to provide training to each new employee on policies regarding discrimination and harassment no later than 30 days after the date of hire. In addition, supplemental training is required every two years. All employees will receive a copy of the university's Discrimination Complaint/Sexual Harassment Policy and procedures within 30 days of employment. A signed statement verifying attendance is required to be maintained in the employee's personnel file. 5. Management and Supervisory Responsibilities: Vice presidents, deans, directors and department chairs shall take appropriate steps to disseminate this policy statement and to inform employees and students of procedures for lodging complaints. Vice presidents, deans, directors, and department chairs are required and students are urged to notify the director of human resources, ADA coordinator or the P-21 Appendix 5 appropriate dean, director, or department chair for the area involved when they learn of an instance of unlawful discrimination or sexual harassment. 6. Employee Responsibilities and Student Responsibilities: While not required, all employees are urged to contact the director of human resources or the appropriate dean, director, or department chair for the area involved when they learn of an instance of employee related unlawful discrimination or sexual harassment. Students are urged to contact the director of human resources, ADA coordinator or the appropriate dean, director, or department chair for the area involved regarding employee related unlawful discrimination or sexual harassment. Student to student infractions should be reported to the Judicial Office. 7. Complaint Procedure: Employees may report a discrimination or sexual harassment complaint without fear of retaliation. All university employees are responsible for immediately reporting discrimination or sexual harassment complaints to the director of human resources, or ADA coordinator (as applicable), or may additionally be reported to a vice president, dean, director or department chair for the area involved. Student to student complaints should be reported to the judicial officer, or the ADA coordinator (if applicable). Complaints should be filed as soon as possible after any incident, but no later than 180 days from the incident involving unlawful discrimination or sexual harassment Complaints must be made in writing and signed by the individual submitting the complaint. While investigators will attempt to maintain as much confidentiality as possible, complete anonymity may give way to the university's obligation to investigate and take appropriate action. Those complaints that are received verbally, but not in writing should still be communicated to the Director of Human Resources for possible informal investigation. If a pattern of harassment appears to exist but no complainant files charges, the university may file a third-party charge against an individual. Such charges will be handled with as much care and control as any other complaint so as to avoid acting on rumor or unjustified accusation. 8. Investigative Process: 1. Employee Related Complaints Once a complaint has been brought to the attention of a supervisor, department chair, or other individual in a management level position, that person must report the complaint to the director of human resources as soon as possible. Every attempt should be made to keep the information confidential and restricted to only those who have an absolute need to know. As there may be more than one complainant in an unlawful discrimination or sexual harassment case, the term "complainant" as used herein shall refer to one or more complainants. P-22 Appendix 5 The dean or director (or other appropriate administrator) for the area involved will normally begin the investigation of the charges within 10 working days from when it was received, not as a representative of the complainant, but as an impartial party. If the director is the direct supervisor of the accused, the vice president will assign an alternative director from within their division so the investigator is not investigating his or her own department. The investigation shall normally be conducted within 45 working days thereafter the letter of finding will be forwarded to the director of human resources and the general counsel at the end of the investigation. Case complexity will vary and the termination of the investigation will depend on case circumstances; however, the investigation will commence within the designated time and will conclude under normal circumstances within 45 working days. It is incumbent upon the investigating official to document a reasonable justification for extending an investigation beyond 45 working days. Investigation of a complaint normally will include conferring with the parties involved and may proceed as necessary with examination of relevant documentation and interviews with other employees or students. Discretion should be exercised in determining which witnesses are indeed necessary to the investigation. The dean or director conducting the investigation may also consult with appropriate management personnel, including the director of human resources, the ADA coordinator, and the general counsel for advice and guidance as applicable. After investigating the allegations, the dean or director will meet with the accused employee, provide the accused with the allegations and an opportunity to respond to the allegations. The investigator is responsible for responding to each allegation that the complainant has made. This response should be in the form of a memo describing the investigator's findings and conclusions. The memo summary should include a brief overview of the investigative process including the categories and numbers of individuals interviewed (excluding names), timelines, a summary of each allegation, a summary of the findings by the investigator, and a summary of the investigator's conclusions and recommendations. This memo should be addressed to both the complainant and the accused with copies provided to the appropriate vice president, the general counsel, and the director of human resources. If the complainant or the accused are not satisfied with the results of the investigation as presented in the memo from the investigator, they may appeal in writing to the appropriate vice president within 30 days of the date of the memo. If the complaint cannot be resolved to the satisfaction of all parties, the dean or director, working with the director of human resources and the general counsel, will make a recommendation, normally within 20 days of receipt of the P-23 Appendix 5 complaint to the appropriate vice president as to whether any disciplinary action should be taken. A summary of the case will be provided to the vice president. Recommendations of the dean or director to the vice president may include dismissing of the charges; warning, suspension or termination of the accused; allowing the parties to sign a written statement of agreement resolving the differences between them; counseling; or other appropriate disciplinary action. A general status report of the investigation should be provided to the complainant and the accused upon completion of this investigative phase. 2. Student to Student Complaints: The judicial officer shall investigate student to student complaints and follow the timeframes described in the preceding guidelines for employees. If student discipline is recommended, the Rules of Procedure in Student Disciplinary Matters will guide the proceedings. Said rules are located on the SFA Web Page for student policies and procedures or may be obtained from the Office of Student Affairs. Informal and formal disposition procedures are outlined within the policy; and, it contains full due process procedures. 9. Review by the Appropriate Vice President for Employee Related Complaints: After the vice president has offered to meet with the accused and if necessary, to meet with the complainant and witnesses, he/she will accept, modify or reject the recommendation of the dean or director. If the vice president concludes that the charges are serious enough to require termination or suspension, the faculty member or staff member may be placed on a leave of absence with pay, pending a hearing by the review board and action by the president. The vice president's review should generally be completed within 10 days from receipt of the matter, unless additional time is required in fairness to the parties. A general status report should be forwarded to the complainant and the accused at the conclusion of the vice president's review. 10. Review by the Employee Discrimination Complaint Review Board: If the decision of the vice president is not satisfactory to either party (complainant or accused), that individual(s) has 5 days in which to request a formal hearing of the Discrimination complaint review board ("review board"). The request must be put in writing to the vice president issuing the decision. The review board of three individuals will be selected from a panel of 20 pre selected faculty members and 20 pre-selected staff members to be appointed by the president. If the accused is a faculty member, the review board will be composed of at least two faculty members. If the accused is a staff member, the review board will be composed of at least two staff members. The complainant will select one member P-24 Appendix 5 and the accused will select one member from the applicable panel. The two selected members will choose a third person from the panel. None of these individual review board members shall be from the department of the accused or the complainant (if applicable). These three individuals will comprise the review board and will elect a chair from among themselves. The university president may remove any selected review board member if substantial proof of bias exists. The chair of the review committee is responsible for coordinating the hearing. The complainant, the accused, and the university all have the right to be advised by counsel, but lawyers will not be allowed to conduct or participate in the hearing. The day prior to the scheduled review committee hearing, each side shall submit a list of its witnesses and copies of its documentary evidence to the chair. A list of witnesses and a summary list of the evidence will be provided to each side. The rest of the review committee will not receive the material until the time of the hearing. All materials presented must be maintained in a confidential manner by all parties involved. The dean or director who conducted the investigation will apprise the review board of the charges and will normally present all relevant evidence. Both parties will have an opportunity to respond to the charges and present evidence. Each party may make a 5 minute opening statement prior to presentation of the evidence. The burden will be on the complainant to prove by the greater weight of the credible evidence that the accused has committed an act of sexual harassment and/or unlawful discrimination. Cross examination of the witnesses is allowed by all parties. Each party may make a 5 minute closing statement. The chair of the review board will conduct a fair hearing before the complainant and the accused and shall allow relevant witnesses and evidence from both parties. The hearing shall be closed to the public. The general counsel may and/or the director of human resources may be consulted in procedural matters of the review board and may be present at meetings. All information presented in the hearing is confidential and restricted to only those who have an absolute need to know. The review board will normally have 5 days after the completion of the hearing to summarize its findings and make a written recommendation to the president. 11. Review by the President for Employee Related Complaints: The president may accept, reject, or modify the decision of the review board and will have access to all evidence, both parties, and witnesses as deemed appropriate. In all instances except where a faculty member's tenure is revoked or a faculty member is being terminated during the term of their employment, the decision of the president is final. In cases where tenure is being revoked or a faculty member is being P-25 Appendix 5 terminated during the term of employment, the case will be forwarded to the Board of Regents for a final determination. Pending action by the Board of Regents, the faculty or staff member may be suspended without pay and removed from the university or assigned to other duties with pay at the president's discretion. Final disposition of the case will be communicated to the accused employee and the complainant. 12. Employee Sanctions: 1. University imposed: University sanctions for violations of this policy may include any disciplinary action, up to and including termination of employment for faculty or staff. Such activities may be viewed as constituting moral turpitude or substantial neglect of academic responsibilities under the Faculty Handbook and a major work rule violation under the Staff Discipline and Discharge Policy. 2. Civil: Unlawful discrimination and sexual harassment are illegal under state and federal law. Official governmental investigations by the Equal Employment Opportunity Commission, the Texas Commission on Human Rights, and/or the Office of Civil Rights of the Department of Education may result in civil lawsuits against any person guilty of unlawful discrimination or sexual harassment. 3. Criminal: Sexual harassment by a public servant is a criminal offense under 39.02 of the Texas Penal Code. Depending on the severity of the acts, sexual harassment may also specifically include indecent exposure, public lewdness, assault, or sexual assault under Chapter 21 and 22 of the Texas Penal Code. 4. False charges may result in disciplinary action against the complainant by the university or civil charges against the complainant by the accused. An unsubstantiated charge is not considered "false" unless it is found to be made with the knowledge of it being false. 13. Student Sanctions: Disciplinary action for student to student related complaints may range from sensitivity counseling to suspension or dismissal. False charges may also result in disciplinary action. An unsubstantiated charge is not considered "false" unless it is found to be made with knowledge of it being false. 14. The dean/director (or other appropriate administrator) who investigated the complaint will be responsible for monitoring the circumstances surrounding the complaint to insure the situation has been remedied. 15. The human resources director or designee will be responsible for maintaining a log of all formal complaints and the results of such complaints. Cross Reference: Faculty Handbook, Non-Academic Employee Handbook; 42 U.S.C. 2000e; 42 U.S.C. 1981; 20 U.S.C. 1681-1688; 42 U.S.C 12101; 29 U.S.C. 621 et seq.; P-26 Appendix 5 29 U.S.C. 794 et seq.; 29 U.S.C. 206(d); 8 U.S.C. 1101; Texas Labor Code Sec. 21.101 et seq.; Texas Penal Code, Sec. 39.02; Pub. L 88-352 (Title VII); Pub. L. 102-166 Responsible for Implementation: President Contact for Revision: Director of Human Resources and General Counsel Forms: None P-27 Appendix 5 Drug and Alcohol Testing (E-61) Original Implementation: July 14, 1998 Last Revision: April 28, 2005April 22, 2008 It is the policy of Stephen F. Austin State University to promote a safe, healthy and productive learning and working environment free from the influences of drugs and alcohol. The university must set an example to ensure the safety, health and welfare of its employees, students and the citizens which it serves, by taking the appropriate steps for maintaining a drug-free workplace as mandated by the state and federal governments. This policy supplements all other SFASU policies regarding drug and alcohol use and related topics by establishing the guidelines for drug and alcohol testing. The drug and alcohol testing program is for the purpose of ensuring a healthy and safe workplace, and may not be used for the purpose of criminal prosecution. General Policy Stephen F. Austin State University may require employees in safety sensitive positions to submit to drug and/or alcohol testing based upon reasonable suspicion, post accident, or post university referred drug and/or alcohol rehabilitation. University safety sensitive employees who are subject to Department of Transportation regulations in 49 CFR parts 382, 291, and 40 (primarily drivers with commercial drivers licenses) will additionally be subject to random drug and/or alcohol testing proscribed by federal law. 1. Reasonable Suspicion: a. Direct observation of drug or alcohol use or possession and/or demonstration of physical symptoms of the influence of a drug or alcohol as related to work activities, b. A pattern of abnormal or erratic behavior, consistent with alcohol or drug abuse, c. Arrest or confiction conviction of a drug or alcohol related offense as the focus of a criminal investigation into illicit drug use, possession, or trafficking, d. Information provided by reliable or credible sources, e. Information, which is independently corroborated, f. Evidence that an amployee employee or student worker has tampered with a previous drug or alcohol test, or g. Possession of drug paraphernalia. Individuals having reasonable suspicion of an employee in a safety sensitive position, based on the above criteria, must contact the Director of Human P-28 Appendix 5 Resources and/or the Director of Environmental Health, Safety, and Risk Management. When feasible, the Office of the General Counsel will be contacted to confirm whether a given circumstance is sufficient to conduct a test. Reporting personnel shall document the exact reasons why they suspect that a certain employee in a safety sensitive position has violated the drug and/or alcohol policy to include: the symptoms exhibited by the employee; the actions of the administrator, faculty, employee or student worker; if at all possible, corroborating statements from other administrators, faculty, employees or student workers; and other evidence which tends to establish a reasonable suspicion of illicit drug or unauthorized alcohol use. Statements by the reporting personnel should document specific facts, not speculation, about an employee's behavior or appearance which wouldln the statement, colloquial expressions or conclusions about a person's appearance such as "he looks stoned" or "she was drunk-" should be avoided. Instead, reporting personnel should make every effort to document the specific facts about an employee's behavior, which could lead a reasonable person to the conclusion that the employee was using or in possession of illicit drugs or unauthorized alcohol. The emphasis should be placed on how the behavior of the employee is affecting his/her performance. 2. Post-accident: Each employee in a safety sensitive position who is involved in an accident that occurs during the course and scope of employment shall be required to submit to a drug/alcohol test. (A drug or alcohol test will also be requested if damage has occurred to university property as a direct result of the employee's behavior.) 3. Post University: Referred Rehabilitation Monitoring: As a condition of continued employment, any employee in a safety sensitive position who is participating in a substance abuse treatment program or who has a rehabilitation agreement with the university following an incident involving substance abuse may be required to submit to additional drug testing. This section shall not apply to employees in safety sensitive positions who have successfully completed a drug and or alcohol rehabilitation program prior to employment with the university. P-29 Appendix 5 Until the results of a test are received, an individual will automatically be removed from all safety sensitive functions, but may perform duties as assigned. Individuals may be suspended with pay pending investigation, if the continued participation of that individual presents a real and present danger to personal safety or property or threatens the health and safety of the individual or peers. Prohibited Employee Conduct 1. Engaging in the manufacture, distribution, possession, or use of prohibited substances on university property, in university vehicles, or while in the conduct of university business. (Alcohol possession or use may be permitted on university property as articulated by university policy.) 2. Reporting to work under the influence of alcohol or illegal drugs. 3. Testing positive for alcohol and controlled substances as a safety sensitive employee. 4. Refusing to submit to required testing as a safety sensitive employee. 5. Permitting a subordinate employee, in a safety sensitive position, to perform or continue to perform safety sensitive functions when the supervising employee has actual knowledge that a safety sensitive employee has engaged in conduct prohibited in paragraphs above. Refusal to Submit Test An employee in a safety sensitive position who refuses to consent and submit to a test when requested under any of the circumstances provided for above will be subject to disciplinary action including termination. Refusal to submit includes: 1. Failure to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing in accordance with the provisions of this policy, 2. Failure to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing in accordance with the provisions of this policy, and 3. Engaging in conduct that clearly obstructs the testing process. Positive Test An employee in a safety sensitive position with a positive tests will be removed from performing his or her safety sensitive functions. Their supervisor and the Director of P-30 Appendix 5 Human Resources will meet with each employee who tests positive and inform the employee of the test result. Based upon the information available after the meeting with the employee, the supervisor and the Director of Human Resources shall determine whether: 1. To proceed to impose appropriate disciplinary action (keeping in mind any minimum penalties as may be required by federal or state law if criminal penalties may have been pursued and the nature of the infraction as related to the job functions of the individual) pursuant to university procedures for discipline and dismissal of employee; or 2. To offer the employee the opportunity to participate in and satisfactorily complete an appropriate employee assistance program or rehabilitation program for alcohol and/or drug abusers as a condition of continued employment solely at the employee's expense. An employee who is permitted and chooses to participate in such a program must be informed that the university will pursue appropriate disciplinary action if the employee does not satisfactorily complete the prescribed program. Recurrence of Substance Abuse: Upon the second occurrence of the necessity to potentially refer an employee, to counseling, or rehabilitation treatment, there will not be an option to refer the employee in a safety sensitive position for treatment and termination will be automatic. Subsequent disciplinary actions: When an employee has experienced work related problems as a result of alcohol or drug use and has been reinstated, subsequent disciplinary action will not be taken for the previous work related problems provided the problems cease after reinstatement. Employees Subject to Drug and Alcohol Testing All employees in safety sensitive positions of Stephen F. Austin State University are to be included in the alcohol and/or drug testing program and will be subject to testing. Employees identified for testing purposes are expected to cooperate fully with designated clinic and/or laboratory personnel by making themselves available for testing, giving a valid sample and completing accurately all of the steps and necessary documents associated with the test. Employees in safety sensitive positions at the university who are subject to this drug testing policy are defined as follows: P-31 Appendix 5 All employees whose job duties have a direct affect on the health, safety and welfare of employees, students and citizens, which the university serves including the following described duties: Drivers with commercial drivers licenses (CDL), Employees who are required to have a university certified drivers license in their job description, ■ Persons who carry a firearm for security purposes, ■ Employees who control dispatch of emergency services, ■ Employees who repair or maintain university owned or leased vehicles, All maintenance personnel including but not limited to electricians, plumbers, carpenters, etc., ' All employees who maintain the critical infrastructure of the university including but not limited to database administrators, systems administrators, programmer and systems analysts, network support specialists, etc., ■ Persons required to use dangerous equipment in the course and scope of their jobs including saws, drills, torches, tractors, mowers, and other motorized equipment, Employees using chemicals or other dangerous substances in the course and scope of their jobs, ■ Medical professionals including licensed doctors, licensed nurses and certified athletic trainers. Facilities for Testing Employees selected for testing procedures shall report to the designated independent facility, or may be escorted by an authorized supervisor. A specimen will be collected and tested by an independently approved laboratory using valid, reliable testing procedures as outlined under the U.S. DOT regulations at 49 C.F.R, part 40. The services of a Medical Review Officer (MRO) will be retained for proper laboratory results interpretation. Test Results Drug and alcohol screen test results will be reviewed by an independent Medical Review Officer (MRO) after receipt of the specimen by the laboratory. Employees who test positive for substances prohibited by this program shall be afforded an opportunity to consult with the MRO and to provide medical records or other biomedical information to assist the MRO in determining whether there is a legitimate medical explanation for the test results, including use of a legally prescribed medication. Upon review of all confirmatory tests and other medical records, the MRO shall issue a P-32 Appendix 5 confirmation report verifying test results. The MRO's confirmation report and the results therein shall be deemed conclusive. The MRO refers to a licensed physician who is responsible for receiving laboratory results generated by the employer's drug testing program, evaluation, interpreting and verifying those drug testing results in conjunction with an employee's medical history, and determining whether a positive result was caused by the use of prohibited drugs or by an employee's medical condition. The MRO shall have knowledge of substance abuse disorders and appropriate medical training to interpret and evaluate an individual's positive test result (as reported by the laboratory) together with his or her medical history and any other relevant biomedical information. Any results below the minimum stipulated test levels for drug testing or under .02 for alcohol testing shall be considered a negative test result. Any employee with properly confirmed positive drug test results, or greater than .02 alcohol test as certified by the MRO, shall continue to be removed from any safety sensitive work and shall report to the supervisor upon request. Records All information from an applicant's or an employee's drug and alcohol tests is confidential, unless otherwise required by law. Records will be maintained in a secure manner so that disclosure of information to unauthorized persons does not occur. Appeal and Retesting Employees may appeal positive test results by submitting a written request to the Director of Human Resources within 24 hours after being informed of the positive test result. The appellant has the right to have a second test performed at a certified laboratory of his/her choice. The specimen transfer between the laboratories will follow standard protocol. An MRO shall interpret the alternate laboratory's test results, considering the nature of the result and time elapsed since the original test. All expenses for such retests will be the responsibility of the appellant. Training Supervisors who make reasonable suspicion determinations will receive training to recognize the signs and symptoms of drug use and will receive additional training to learn about the physical, behavioral, speech, and performance indicators of probable alcohol use. P-33 Appendix 5 Notice All new employees shall receive notice of this policy and be required to sign an acknowledgement of receipt. Failure to sign an acknowledgement of receipt shall not nullify the notice provided by the University. Existing employees will be notified of the policy and its revisions. Source of Authority: Director of Environmental Health, Safety, and Risk Management, Director of Human Recourses, and General Counsel Cross-reference: Alcohol and Drug Free Workplace (Policy E-5); Discipline and Discharge (Policy E-11); Illicit Drug and Alcohol Abuse (Policy D-19); 49 CFR 382 & 40 Responsible for Implementation: President Contact for Revision: Director of Environmental Health, Safety, and Risk Management, Director of Human Resources, and General Counsel Forms: Notice and Acknowledgement of Policy Receipt P-34 Appendix 5 Gifts, Prizes and Awards (C-58) NEW Original Implementation: April 22, 2008 Revisions: None This policy provides guidance regarding gifts, prizes and awards that can be given, the manner in which they can be given, and reporting requirements. State and federal regulations restrict the use of university assets to provide occasional gifts, prizes and awards to employees, students and others in the university community. In addition, different IRS regulations apply to the federal reporting of gifts, prizes and awards given to employees versus non-employees. Raffles that include the purchase of a chance or ticket may not be conducted by the university. Outside organizations authorized to conduct raffles may do so only in accordance with Policy D-33, Solicitation on Campus, and state law. Financial aid awards and grants are not considered gifts, prizes or awards for purposes of this policy. Most awards to students that are related to academic performance are considered financial aid, and as such are not subject to the provisions of this policy. Financial aid awarded to students must be processed through the business office, recorded on the student's account, and reflected on the student's bill. Marketing and promotional items bearing the SFA name or logo are not considered gifts as long as they are not excessive in nature. An example of a marketing or promotional item is a shirt with an SFA department name provided to an SFA employee or representative. In addition, tickets provided to a representative of SFA for sporting events, fine arts events, recognition banquets, etc, are not considered gifts when attendance at the event is to promote the university in the representative's official capacity. All definitions and reporting requirements of this policy apply to any university funds, and remain the same even if the funds originate as a gift to the university from a third party. No gifts, prizes or awards of any kind should be charged to university education and general (state) funds, designated accounts funded by course fees or other fees, or restricted federal and state funds as outlined below. Use of Restricted Federal and State Funds: Funds from federal and state grants, contracts, or other sponsored agreements cannot be used to pay for items that are or appear to be gifts or marketing or promotional items, such as t-shirts, key chains, tote bags, caps, and other souvenirs or memorabilia, unless specifically provided for in an award document. Use of these funds to pay for awards for participation in grant-funded activities is generally allowable when both reasonable in cost and necessary to P-35 Appendix 5 accomplish program objectives. Acceptable awards include plaques, small trophies, ribbons, certificates, and pens/pencils and similar items. For purposes of this policy the following definitions are understood: Employee: An individual receiving compensation as a full-time or part-time employee, including casual employees, student employees and graduate assistants. Non-Employee: An individual receiving no employment compensation of any kind or in any amount, including students who are not employed by any department of the university. Gifts: A voluntary conveyance of something of value as a gesture of good will or appreciation. Marketing and promotional items are excluded as gifts as noted above. Award: Something of value conveyed as a result of competition, merit or in recognition of service to the university on the part of the recipient. Prize: Something of value conveyed as a result of chance, generally for promotional purposes, to one or more participants in an event sponsored by a university department or organization. EMPLOYEE as the recipient of a Gift, Prize or Award Gifts Gifts of cash, including gift cards and gift certificates, to employees are not allowed using university funds. Gifts, including those for birthdays, weddings, showers, retirements and other personal events, are usually not allowable expenditures of university funds. At their discretion, co-workers may contribute personal funds for this purpose. Gifts other than cash, gift cards or gift certificates, and personal in nature such as those described in the previous paragraph may be allowed upon approval by the President or Vice-President when such gifts are for the purpose of showing support, respect, recognition, or good will, and are within IRS guidelines. If approved, the department must report the following information to the Controller's Office: recipient name, social security number, address and value of the gift. Non-cash gifts for employees of nominal value, such as t-shirts, cups, mugs, etc. can be purchased with appropriate funds. Marketing or promotional items bearing SFA name or logo as discussed above are not considered gifts. Non-cash gifts must be valued at $100 or less, unless a larger amount is approved by the President or Vice President. The P-36 Appendix 5 department must report the following information to the Controller's Office: recipient name, social security number, address and value of the gift. Prizes & Awards Cash awards may be given to employees for meritorious performance or other reasons connected with employment ONLY as part of an established campus-wide program. See Policy A-66 "University Award Programs." Such cash awards cannot be given in the form of gift certificates or gifts cards, but must be paid through payroll and submitted on a stipend authorization form. Non-cash awards given to employees as length of service awards are acceptable as long as they are valued at less than $400 per year per employee. These awards may ONLY be administered by Human Resources. Any non-cash award given for meritorious performance, or other reasons connected with employment, must be of nominal value. For purposes of this policy, nominal value is defined as $50 or less. An employee may accept a cash or non-cash prize or award of any amount where the individual's employment is incidental to the basis on which the prize or award is given. For example, a university employee would be eligible to win a door prize given at random or an essay-writing contest. The department or organization sponsoring the contest, game of chance, etc., without the purchase of a chance or ticket must report the following information to the Controller's Office: recipient name, social security number, address, and value of the prize or award. NON-EMPLOYEE as the recipient of a Gift, Prize or Award Gifts Gifts of cash to non-employees are not allowed. Gift certificates, gift cards or tangible commodities are allowed as long as the gift is given for a valid business reason. For any gift greater than $100 in value, the department must report the following information to the Controller's Office: recipient name, social security number, address, value of the gift and reason for the gift. Development Gifts to donors or other individuals serving development interests, or for alumni relations purposes using university funds or property cannot exceed $ 100 in value unless approved by the President. The department must report the following information to the Controller's Office: recipient name, social security number, address and value of the gift. P-37 Appendix 5 Institutional Gifts - When university officials are visiting abroad or are hosting visitors from other institutions, appropriate university funds may be used to give such visitors a gift valued at $100 or less, as a sign of appreciation or recognition. Any gift valued greater than $100 must be approved by the President. Marketing and promotional items with the SFA name or logo are not considered gifts as discussed above. The department must report the following information to the Controller's Office: recipient name, social security number, address and value of the gift. Gifts to Public Officials - Federal and state laws severely restrict the nature and value of gifts that may be made to public officials, and those restrictions may vary depending on the type of gift as well as the office held by the official. Gifts to municipal officials may also be restricted. In general, university policy prohibits all gifts to public officials, with the exception of token gifts valued at less than $50 as long as they are not provided in exchange for his/her decision, opinion, recommendation, vote, or other exercise of discretion as a state employee. Any exception to this limit should be discussed in advance with General Counsel in order to make certain it is allowed under the specific governing conditions. There may be restrictions on paying honoraria to public officials and questions should be directed to the General Counsel. Prizes & Awards Cash (including gift certificates or gift cards) or non-cash items may be given as prizes and awards as long as they are reported as required herein. Prizes and awards to non-employees must be for a valid business reason, which may include a contest, door prize, etc. without the purchase of a chance or ticket. Regardless of the value of the prize or award, the department must submit the following information to the Controller's Office: recipient name, social security number, address, value of the prize or award, and the reason for the prize or award. NON-RESIDENT ALIENS as the Recipient of a Gift, Prize or Award Cash and non-cash gifts, prizes and awards to nonresident aliens are generally subject to 30% withholding and reported on an IRS Form 1042-S. The department or organization must contact the Controller's Office before processing gifts, prizes and awards to persons who are not U. S. citizens or Legal Permanent Residents, regardless of the value of the gift, prize or award. The following information must be reported to the Controller's Office: recipient name, social security number, address, value of the prize or award, and the reason for the prize or award P-38 Appendix 5 SUMMARY P-39 Appendix 5 Cross Reference: IRS Regulations, Policy D-33, Solicitation on Campus; Texas Penal Code §36.02; Policy A-66, University Award Programs. Responsible for Implementation: Vice President for Finance and Administration Contact for Revision: Controller, Director of Purchasing and Inventory/HUB Coordinator Forms: Purchase Requisition P-40 Appendix 5 Graduate Assistantships (A-20) Original Implementation: Unpublished Last Revision: January 30, 2001April 22, 2008 To be eligible for a graduate assistantship, a student must have clear or provisional admission to the graduate school and the department/school/division and be in good academic standing. Graduate assistants assigned at the 50% rate (50% = full graduate assistantship) are expected to serve 20 clock hours per week in the department/school/division to which they are assigned. Those assigned to other percentages are expected to work a proportionate number of clock hours. The department chair/director is responsible for the selection, training, assignment of duties, and supervision of the graduate assistants in his/her department/school/division. A graduate assistant must be enrolled for at least nine six hours of graduate course work in the fall or spring semesters and three semester hours in a summer session. Should a graduate assistant fall below the m&e-six or three hour minimum for a semester or summer session, he or she will not be eligible for an assistantship the following semester. A student must be approved for an assistantship by the chair/director of the department, the Director of Personnel Services, the Budget Director, and the Associate Vice President for Graduate Studies and Research. The appointment as a graduate assistant is completed only after the candidate has attended a mandatory new employee orientation session in the Office of Personnel Services. Except for students in the Ed.D., Ph.D. and M.F.A. programs, a student may receive an assistantship for no more than four long semesters and two full summers. Cross Reference: Graduate Bulletin Responsible for Implementation: Provost and Vice President for Academic Affairs Contact for Revision: Associate Vice President for Graduate Studies and Research Forms: Application Form for Graduate Assistantships (available from the office of the Chair/Director of the academic department) P-41 Appendix 5 Insurance and Other Benefits (E-28) Original Implementation: Unpublished Last Revision: April l3,2006April 22, 2008 Employee insurance and benefits include the following: Benefits eligible employees are offered a basic insurance plan, which is fully funded by the State for full time employees and is funded at one-half of the premium for part-time employees. The basic plan includes hospitalization insurance, $5,000 term life insurance and $5,000 accidental death and dismemberment insurance. Enrollment in health insurance coverage may be subject to a 90-day waiting period for employees hired on or after September 1, 2003. The 90- day health coverage waiting period does not apply to: 1. Employees enrolled in COBRA health coverage under the Texas Employee's Group Benefit Program at the time they are hired, if there is no break in coverage. 2. Enrollment in the optional coverage during the first 30 days of employment, including Tex Flex accounts. 3. Direct transfers from one agency to another (employees rehired without a break in coverage), including direct transfers from UT or Texas A&M, if there is no break in coverage. 4. An employee, who has health insurance as a dependent of another Group Benefit Plan member when hired. Each employee must elect to enroll or waive this plan within the first 31 days of employment. If a Multipurpose Form is not completed, the full-time employee will be enrolled in the basic plan, and may be subject to the 90-day waiting period. Part-time employees and graduate assistants are not eligible for automatic enrollment. These employees must complete the Multipurpose Form within thirty-one (31) days of the first active duty date. An employee does not have to participate in the basic plan to apply for optional coverage(s). There is not waiting period for optional coverage. Group Hospitalization Insurance 1. A major medical health/hospitalization plan is provided, based on residency or work zip code, and/or a choice of HMO, (when available). P-42 Appendix 5 Employees may select from hospitalization categories shown below: Coverage Category Employee Employee & Child/Children Employee & Spouse Employee & Family Details on coverage and rates are available from the Benefits Office in Human Resources (HR) or at the web site: www.ers.state.tx.us. 2. Application for coverage for employees and their dependents must be made in the first 31 days of employment. Employees may change their health coverage selection at any time during the 90-day waiting period. 3. Continuation of coverage upon termination of employment is allowed by federal law with specific limitations. All separating employees will be informed of their right to continue coverage during their exit interview in Human Resources. C.O.B.R.A. forms will be mailed by the Employee Retirement System of Texas to the home address of the terminating employee and/or covered dependents for completion. Covered dependents are also eligible for continued coverage following certain qualifying events such as divorce, death of the employee, attainment of maximum age of coverage for children, etc. An employee or the covered dependent must notify the Benefits Office within thirty (30) days of the qualifying event date. Questions concerning procedure and benefits should be directed to the Benefits Office in Human Resources. Group Term Life Insurance 1. Optional Term Life Insurance. Coverage of up to twice the annual salary may be selected within thirty-one (31) days of employment. Evidence of Insurability must be provided for Election III or Election IV. Coverage Amount: Election I - 1 times annual salary Election II - 2 times annual salary P-43 Appendix 5 Election III - 3 times annual salary Election IV - 4 times annual salary Coverage is reduced at age 70 for active employees based on the carrier's standard reduction schedule. Monthly Premium Cost. The monthly premium cost is based on age and salary on September 1 of the current fiscal year. 2. Dependent Life Insurance. Coverage is available to all employees insured under the Texas Employee's Group Benefit Program. Coverage includes the spouse of the employee and each unmarried child from the age of 14 days to 25 years in the amount of $5,000 life and $5,000 AD&D. Application for coverage must be made within thirty-one (31) days from the date of employment, or dependent's eligibility date; otherwise evidence of insurability is required. Long-Term Disability Long-Term Disability insurance is available to benefits eligible employees. This benefit will pay 60% of the employee's monthly salary (maximum salary $10,000) after a 90-day waiting period in the event the employee is disabled because of injury or illness. The monthly benefit will be integrated with Workers Compensation, Social Security Disability, Teacher Retirement Disability, and/or any disability benefit. Maximum benefit, if integration is used, is 70% of insured monthly salary. Minimum benefit, if integration is used, is 10% of monthly salary for one year. The following age and time limits apply: Age When Disability Starts Maximum^ Duration of Benefits Under age 60 Te^4ge 65 Age 60, but less than age 64 60 months Age 65 - 69 Te-a4ge 70 or 12 mos. (the greater) Monthly Premium Cost. The premium is based on current rate per $100 of monthly salary. Application for this coverage must be made within thirty-one (31) days of employment, otherwise evidence of insurability is required and forms must be completed during the Summer Enrollment period. P-44 Appendix 5 Short-Term Disability Short-Term Disability is available to benefits eligible employees. This benefit will pay 6Q66% of the employee's monthly salary (maximum salary $370,000) after a thirty (30)day waiting period, for up to five months in the event the employee is disabled because of injury or illness. The monthly premium cost is based on the current rate per $100 of monthly salary. Application for this coverage must be made within thirty-one (31) days of employment^ otherwise evidence of insurability is required during Summer Enrollment. Accidental Death and Dismemberment Benefits Benefits eligible employees have the option of participating in the AD&D program. This coverage is available starting at $10,000 in increments of $5,000 up to $200,000. After age 70, minimums and maximums are reduced. Double coverage of dependent children will be allowed, if both parents are Group Benefit Plan employees. The monthly premium is based on current rate per $1,000 of coverage. Application for this coverage must be made within thirty-one (31) days of employment or could be added during the summer enrollment period. Dental Insurance Benefits eligible employees may elect to participate in either of the two group dental insurance programs. If application for coverage is not made within thirty-one (31) days of employment, dental plan benefits cannot be acquired until the beginning of the next plan year and enrollment forms must be completed during the summer enrollment period. Cancer Care Benefits eligible employees may elect to participate in cancer care coverage. Employees should contact the insurance company representative to make an application. Long Term Care A Long Term Care Plan is offered by Employees Retirement System of Texas to active employees and their families through CNA Insurance. The active employee may enroll at the time of employment or (within 31 days), without evidence of insurability. However, any family members must go through evidence of insurability to enroll in the plan. For information, or to sign up, go to www.ers.stateJx.us/Unks or call CNA at (877) 895-6762. Retiree Insurance Coverage P-45 Appendix 5 University employees may continue